Disbanded writ petition after parties filed a joint memo consenting to settlement and tender payment. Court disposed of matter as amicably settled.
Quashed the impugned order in light of parties' joint memo and settlement of claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 8134 OF 2018 (CS-RES)
BETWEEN:
…PETITIONERS
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
(BY SRI. YOGESH V KOTEMATH, ADVOCATE FOR SRI. P.H. VIRUPAKSHAIAH, ADVOCATE)
AND:
BHUVANESHWARINAGARA BSK III STAGE,
BANGALORE-560 085.
…RESPONDENTS
(BY SRI. MILIND DANGE, AGA FOR R1., SRI. MANJUNATH G KANDEKAR, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER VIDE ANNX-H DTD 17.10.2011 PASSED BY THE R-1 AUTHORITY IN DISPUTE NO.JRB/MD/127/2003-04 AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the Petitioners and learned counsel
for the Respondent No.2 has filed a joint memo which reads as
follows:
"The Petitioner and the Respondent herein most humbly submits the dispute between the parties has been amicably settled and the Petitioner herein has paid a sum of Rs.6,00,000/towards full and final settlement, through Demand Draft bearing No.019070 drawn on IDBI Bank, Malleswaram Branch, Bengaluru and the same has been accepted by the Respondent No.2 herein. As such, the instant Writ Petition may be disposed off accepting the joint memo in the interest of justice and equity."
Rs.6,00,000/- to the Respondent No.2 this day by Demand
Draft bearing No.019070 and the Respondent No.2 accepts the
NC: 2023:KHC:43043 WP No. 8134 of 2018
same in full in final settlement of her claim arising out of the present proceedings.
the joint memo filed by both the parties, the above Writ Petition is disposed of, in terms of the joint memo as having been amicably settlement between the parties.
Sd/JUDGE
PNV
List No.: 1 Sl No.: 24
ESHWARA SEVA CREDIT CO-OPERATIVE SOCIETY LIMITED AND ANR.
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANALORE REGION
C.M. POONACHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
