Dismissed¶28

Smt. C v. Bhagya v Sri. Rev. Samuel Ponnu Raj

Karnataka HC1 Jul 2026WP/38671/2025

Case brief

AI extract

What is this about?

Karnataka High Court Bengaluru; WP 38671/2025 GM-CPC; Lalitha Kanneganti J.; Articles 226 and 227; Order 12 Rule 6 r/w Section 151 CPC; O.S. No.393/2025; XXXIX Additional City Civil Judge Bangalore CCH-40; rejection of application for decree on written request/admission; out-of-court settlement joint memo; tenant delivered vacant possession and keys; refund of court fees; writ petition dismissed as withdrawn; pending interlocutory applications closed; decision date 01-07-2026.

What did the court decide?

Writ petition dismissed as withdrawn; joint memo taken on record; counsel at liberty to seek refund of court fees before the Trial Court; pending IAs closed. ¶28

Smt. C v Bhagya Vs Sri. Rev. Samuel Ponnu Raj — Writ and Judicial Review | Karnataka HC (2026)

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1 - NC: 2026:KHC:32677 WP No. 38671 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JULY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38671 OF 2025 (GM-CPC)

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BETWEEN:

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SMT. C.V. BHAGYA W/O B.T. INDUSHEKAR AGED ABOUT 58 YEARS,

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SRI. B.T.INDUSHEKAR, S/O. LATE. PATEL THIMMEGOWDA, AGED ABOUT 69 YEARS,

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BOTH ARE RESIDING AT NO.978, 1^ST MAIN, MCR LAYOUT, VIJAYANAGAR, BANGALORE - 560 040.

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…PETITIONERS

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(BY SRI. CHANDRASHEKAR B.K., ADVOCATE)

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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AND:

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SRI. REV. SAMUEL PONNU RAJ S/O PETER BALARAM, AGED ABOUT 78 YEARS, RESIDING AT NO.978, 1^ST FLOOR, 1^ST MAIN, MCR LAYOUT, VIJAYANAGAR, BANGALORE-560040.

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…RESPONDENT

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(BY SRI. SURESHA S.B.,ADVOCATE)

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2 - NC: 2026:KHC:32677 WP No. 38671 of 2025

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HC-KAR

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.393/2025 PENDING ON THE FILE OF THE LEARNED XXXIX ADDITIONAL CITY CIVIL JUDGE, BANGALORE (CCH-40) O.S.NO.393/2025 AND SET ASIDE / QUASH THE ORDER DATED26.11.2025 FOR HAVING REJECTED THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER 12 RULE 6 READ WITH SECTION 151 OF CPC PRODUCED AT ANNEXURE-A AND THEREBY ALLOW THE APPLICATION IN I.A NO.3 FILED BEFORE THE TRIAL COURT APART FROM DECREEING THE SUIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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A joint memo is filed stating that the dispute between the parties has been settled out of the Court and that the respondent, being the tenant, has delivered vacant physical possession of the scheduled premises and handed over the keys to the petitioners/plaintiffs. In the light of the same, the petitioners/plaintiffs intend to withdraw the suit pending before the Trial Court.

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A memo is also filed by the learned counsel for the petitioners stating that the Trial Court may be directed to refund the court fees to the petitioner No.2/plaintiff No.2 that is

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NC: 2026:KHC:32677 WP No. 38671 of 2025

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HC-KAR

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paid in view of the settlement. The learned counsel is at liberty to file an appropriate memo before the Trial Court seeking refund of the court fees and shall consider the same in accordance with law.

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The joint memo is taken on record.

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Accordingly, the writ petition is dismissed as

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withdrawn.

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Pending IAs, if any, shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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SMC List No.: 1 Sl No.: 3

Smt. C v. Bhagya v Sri. Rev. Samuel Ponnu Raj

Case brief

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Smt. C v. Bhagya v Sri. Rev. Samuel Ponnu Raj

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