High Court dismissed three connected writ petitions filed under Articles 226 and 227 challenging lower court orders in civil disputes, as the parties had amicably resolved the matter via a joint memo and requested dismissal.
Petitions dismissed as not pressed based on a joint memo of settlement.
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.
NC: 2024:KHC-D:9291 WP No. 102743 of 2022 C/W WP No. 146520 of 2020, WP No. 146521 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102743 OF 2022 (GM-CPC)
C/W
WRIT PETITION NO. 146520 OF 2020 WRIT PETITION NO. 146521 OF 2020
IN WRIT PETITION NO.102743 OF 2022
BETWEEN:
ASHPAK
KASHIMSA
MALAGALADINNI
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD
BENCH
…PETITIONERS
(BY SRI. C.S. SHETTAR & SRI. AKASH R. NAIK, ADVOCATES)
AND:
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY SETTING ASIDE THE ORDER DATED 11.01.2022 PASSED ON I.A. NO.2 IN O.S. NO.343/2016 BY THE HON’BLE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI VIDE ANNEXURE-E; REJECT THE I.A. NO.2 FILED ON O.S. NO.343/2016 BY THE HON’BLE COURT OF PRINCIPLE SENIOR CIVIL JUDGE AND JMFC, HUBBALLI, VIDE ANNEXURE-C AND ETC.
IN WRIT PETITION NO. 146520 OF 2020
BETWEEN:
BOTH ARE R/AT: HOUSE NO.115, BADAMI NAGAR-580023.
NC: 2024:KHC-D:9291 WP No. 102743 of 2022 C/W WP No. 146520 of 2020, WP No. 146521 of 2020
2(C) PREEETI W/O. SATISH H.R., AGE: 42, OCC: HOUSE WIFE, ADD: BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU.
…PETITIONERS (BY SRI. C.S. SHETTAR & SRI. AKASH R. NAIK, ADVOCATES)
AND:
SMT. SHOBHA MAHESH W/O. C.N. MAHESH, AGED ABOUT 56 YEARS, OCC: BUSINESS, R/AT. NO.26, 3RD MAIN ROAD, HANUMANTH NAGAR, BENGALURU-560019.
…RESPONDENT
(BY SRI. PAWATE SANTOSH CHANNABASAPPA, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY SETTING ASIDE THE ORDER DATED 04.02.2020 PASSED IN O.S.NO.609/2016 BY THE HON'BLE COURT OF IV ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI VIDE ANNEXURE-E; REJECT THE IA NO.4 FILED IN O.S.NO.609/2016 BY THE HON'BLE COURT OF IV ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI VIDE ANNEXURE-C.
IN WRIT PETITION NO. 146521 OF 2020
BETWEEN:
BOTH PETITIONERS RESIDING AT: HOUSE NO.115, BADAMI NAGAR, KESHWAPUR, HUBBALLI-580023.
NC: 2024:KHC-D:9291 WP No. 102743 of 2022 C/W WP No. 146520 of 2020, WP No. 146521 of 2020
BOTH ARE R/AT: HOUSE NO.115, BADAMI NAGAR, KESHWAPUR, HUBBALLI.
2(C) PREEETI W/O. SATISH H.R., AGE: 42, OCC: HOUSE WIFE, R/O: BEML LAYOUT, RAJARAJESHWARI NAGAR, BENGALURU.
…PETITIONERS
(BY SRI. C.S. SHETTAR & SRI. AKASH R. NAIK, ADVOCATES)
AND:
SMT. JAYASHREE VIJAY W/O. B. VIJAY, AGED ABOUT 54 YEARS, OCC: HOUSEWIFE, R/O: BENAKA NILAYA, NO.137, OLD TELEPHONE EXCHANGE ROAD, SUBHASH NAGAR, NELAMANGALA, BENGALURU NORTH TALUK, BENGALURU-562123.
…RESPONDENT
(BY SRI. PAWATE SANTOSH CHANNABASAPPA, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY SETTING ASIDE THE ORDER DATED 04.02.2020 PASSED IN O.S.NO.610/2016 BY THE HON'BLE COURT OF IV ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI VIDE ANNEXURE-E; REJECT THE I.A. NO.5 FILED IN O.S.NO.610/2016 BY THE HON'BLE COURT OF IV ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI VIDE ANNEXURE-C.
THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC-D:9291 WP No. 102743 of 2022 C/W WP No. 146520 of 2020, WP No. 146521 of 2020
ORDER
A joint memo is filed by the parties in all the petitions indicating that the parties have resolved to amicably settle the matter. As per the joint memo dated 28.11.2023 filed in Criminal Petition Nos.100192/2020 C/w 103175/2023,
the offences are compounded and parties are permitted to record compromise.
respondents by way of joint memo have requested this Court to dismiss the petitions as not pressed.
The petitions are dismissed as not pressed.
AM
Sd/JUDGE
List No.: 1 Sl No.: 76
1 provisions across 1 enactments
SULOCYANA B. KAMATAGI
VISHWANATH BASAVARAJ KAMATAGI
ANAND S/O. BASAVARAJ KAMATAGI
SHOBHA MAHESH
PREETI SATISH
GIRIJA PAWATE
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
