Disposed

The Cheif Officer v. Ganesh Kamath

Karnataka HC3 Mar 2021WP/2166/2021

Case brief

AI extract

What is this about?

The High Court at Bengaluru disposed of a writ petition filed to quash a civil order. The court recorded an agreement between parties regarding road construction without damaging public margins, thereby allowing disposal of both the writ and the underlying O.S. An ancillary application was struck off as subsiding with the main dismissal.

What did the court decide?

Quashed the impugned order and disposed of the writ petition and the underlying suit O.S. No.384/2016 based on mutual agreement.

The Cheif Officer Vs Ganesh Kamath — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.2166 OF 2021 (GM-CPC)

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BETWEEN:

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1 . THE CHEIF OFFICER, ALL INDIA RADIO, BRAHMAVARA-576213. UDUPI TALUK AND DISTRICT.

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2 . THE DIRECTOR GENERAL, ALL INDIA RADIO PRASARA BHARATHI, (BROADCASTING CORPORATION OF INDIA), AKASHAVANI BHAVAN, PARLIAMENT STREET, NEW DELHI-110001,

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...PETITIONERS

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(BY SRI. S R DODWAD, ADVOCATE FOR SRI. SHASHIKANTHA C, ASG)

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AND:

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1 . GANESH KAMATH, S/O UMESH KAMATH, AGED ABOUT 40 YEARS, RESIDING AT HANDADI VILLAGE, BRAHMAVARA-576213. UDUPI TALUK AND DISTRICT.

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2 . HANDADI GRAMA PANCHAYAT, REPRESENTED BY ITS P.D.O., HANDADI VILLAGE-576213, BRAHMAVAR, UDUPI TALUK AND DISTRICT.

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…RESPONDENTS (BY SRI. AJITH ANAND SHETTY, ADVOCATE FOR R1; R2 SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 27.4.2019 MADE BY LEARNED PRL. CIVIL JUDGE AND JMFC, UDUPI IN O.S.NO.384/2016 ON I.A.NO.8 AND 9 AT ANNEXURE-A.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:

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ORDER

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Both the sides having argued the matter vociferously for sometime, now graciously agree with the suggestion of this court that the petitioner-defendants shall not damage the road in question and shall not diminish the two feet margin thereof in the course of on-going construction; the respondents undertake that they will not interfere with the construction exercise undertaken by the petitionerdefendants, by way of reciprocity.

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The writ petition and the suit in O.S.No.384/2016 stand accordingly disposed off.

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A copy of this order shall be sent to the learned trial Judge for passing a formal order for disposal of the suit in question.

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Application in I.A.No.1/2021 pales into insignificance since the main matter itself is disposed off.

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Sd/JUDGE

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cbc

The Cheif Officer v. Ganesh Kamath

Case brief

What is this about?

What did the court decide?

The Cheif Officer v. Ganesh Kamath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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