Dismissed¶¶31

Sri S Mahendra v. Sri B N Seshadri

Karnataka HC18 Aug 2025WP/15538/2021

Case brief

AI extract

What is this about?

Karnataka HC Bengaluru; NC: 2025:KHC:31769; W.P. No.15538/2021 (GM-CPC); Article 227 Constitution of India; writ of certiorari; Annexure-F order dated 12.07.2021; Civil Judge and JMFC Pandavapura; I.A.No.9; Suit O.S.No.190/2005; Town Panchayath/Town Municipal Council Pandavapura; withdrawal memo dated 22.09.2023; suit settled between parties; office objection for signature; petition dismissed as withdrawn; parties at liberty to proceed against each other; bench: Hon'ble Dr. Justice K.Manmadha Rao; decided 18.08.2025. Short oral order on withdrawal — no doctrine laid down; citable only for the fact of disposal, not for precedent.

What did the court decide?

None substantive — petition dismissed as withdrawn; parties expressly left at liberty to pursue any dispute between them. No merits adjudicated. ¶¶31

Sri S Mahendra Vs Sri B N Seshadri — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

None substantive — petition dismissed as withdrawn; parties expressly left at liberty to pursue any dispute between them. No merits adjudicated.

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Issue for consideration

Whether the writ petition under Article 227 seeking quashing of the Annexure-F order dated 12.07.2021 passed on I.A.No.9 in Suit O.S.No.190/2005 should be disposed of, in view of the counsel's memo dated 22.09.2023 seeking withdrawal and the reported settlement of the underlying suit.

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Court's answer

The writ petition is dismissed as withdrawn, on the memo dated 22.09.2023 of the petitioner's counsel and the submission that O.S.No.190/2005 stands settled and ended with settlement between the parties; the memo and submission are placed on record.

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Key takeaways

If at all any dispute subsists between the parties, the parties are at liberty to proceed against each other.obiter¶¶30

Detailed headnote1 paragraphs

W.P. No.15538/2021 (GM-CPC) (NC: 2025:KHC:31769), High Court of Karnataka (Bengaluru), oral order dated 18-08-2025, Dr. Justice K.Manmadha Rao (single judge). Filed under Article 227 of the Constitution praying for a writ of certiorari to quash the order at Annexure-F dated 12.07.2021 passed by the Civil Judge and JMFC, Pandavapura, on I.A.No.9 in Suit O.S.No.190/2005 (petitioner: S. Mahendra; respondents: B.N. Seshadri and Town Municipal Council, Pandavapura). Coming on for orders, petitioner's counsel filed a memo dated 22.09.2023 seeking withdrawal, submitting that O.S.No.190/2005 had been settled and ended with settlement between the parties and that the petitioner was 'no more' to comply with the office objection raised for signature; respondents' counsel stated he was not in touch with the parties to seek instructions. The Court placed the memo on record, observed that if any dispute remained the parties were at liberty to proceed against each other, and dismissed the petition as withdrawn. No substantive law was decided; minimal precedent value beyond the fact of disposal.

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NC: 2025:KHC:31769 W.P. No.15538/2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.15538/2021 (GM-CPC)

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BETWEEN:

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Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka

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SRI. S. MAHENDRA S/O LATE NARAYANA AGED ABOUT 68 YEARS R/O FLOWER STREET PANDAVAPURA TOWN MANDYA DISTRICT-571434.

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(BY SMT. LAVANYA K, ADV., FOR SRI. JNANESH KUMAR K, ADV.,)

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…PETITIONER

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AND:

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SRI. B.N. SESHADRI S/O LATE NEELAKANTA RAO AGED ABOUT 52 YEARS MEDICAL PRACTITIONER MUNICIPAL OFFICE ROAD PANDAVAPURA TOWN-571434.

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TOWN PANCHAYATH NOW ITS TOWN MUNICIPAL COUNCIL PANDAVAPURA TOWN MANDYA DISTRICT-571434 REP. BY ITS CHIEF OFFICER.

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…RESPONDENTS

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(BY SRI. VISHWANATH R. HEGDE, ADV., FOR R1 SRI. G.M. ANANDA, ADV., FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER AT ANNEXURE-F, DATED 12.07.2021 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, AT PANDAVAPURA, MANDYA DISTRICT ON I.A.NO.9 IN SUIT O.S.NO.190/2005 & ETC.

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NC: 2025:KHC:31769 W.P. No.15538/2021

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL ORDER

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Learned counsel for the petitioner has filed a memo dated 22.09.2023 seeking withdrawal of the petition and submits that O.S.No.190/2005 on the file of Civil Judge and JMFC, Pandavapura, has been settled and ended with settlement between the parties. Now the petitioner is no more to comply with the office objection raised for signature.

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