Karnataka High Court
WP/20036/2022 of P NITYANANDA SHETTY Vs K DIVAKAR SETTY on 5 October 2026
CNR: KAHC010399872022 NC: 2026:KHC:55293 WP No. 17535 of 2022 C/W WP No. 20036 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION No.17535 OF 2022 (GM-RES) C/W WRIT PETITION No.20036 OF 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
WRIT PETITION No.17535 OF 2022 (GM-RES)
C/W WRIT PETITION No.20036 OF 2022 (GM-RES)
IN WP No. 17535/2022
BETWEEN:
1.
K SUKANANDA SHETTY
S/O LATE SHAM SHETTY,
AGED ABOUT 65 YEARS,
RESIDING AT SHETTY TEA STALL
ARYAN MILK COLONY,
MODERN BAKERY BUILIDING,
GOREGAON (EAST)
MUMBAI -400 065,
MAHARASTRA STATE.
2.
PRABHAVATHI S SHETTY
D/O LATE SHAM SHETTY,
AGED ABOUT 59 YEARS,
RESIDING AT NO.455,
SARAD NAGAR, TARSALI ROAD,
VADODARA, BARODA -390 009,
GUJARAT STATE.
…PETITIONERS
(BY SRI. MANIVANNAN G, ADVOCATE)
AND:
K DIVAKAR SETTY
S/O LATE KRISHNA SHETTY,
AGED ABOUT 70 YEARS,
RESIDING AT FLAT NO.301,
ANDHERI MANISH HOUSING SOCIETY,
Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
MANISH NAGAR,
ANDHERI WEST -400 053.
MUMBAI,
MAHARASTRA STATE.
…RESPONDENT
(BY SMT.URMILA PULLAT, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482
CODE OF CRIMINAL PROCEDURE PRAYING TO CALL FOR THE
RECORDS IN CRL.MIS.NO.62 OF 2018 ON THE FILE OF THE
HON’BLE II ADDL.CIVIL JUDGE AND JMFC, AT UDUPI AND THE
ENTIRE RECORDS IN CRL.A.NO.44 OF 2022 ON THE FILE OF
THE HON’BLE PRINCIPAL DISTRICT AND SESSION JUDGE AT
UDUPI AND QUASHING THE ORDER DATED 26.07.2022
PASSED BY THE HON’BLE PRINCIPAL DISTRICT AND SESSION
JUDGE, AT UDUPI, IN CRL.A.NO.44 OF 2022 AT ANNEXURE-A
AND ETC.,
IN WP No.20036/2022
BETWEEN:
P NITYANANDA SHETTY
S/O LATE SHAM SHETTY
AGED ABOUT 70 YEARS
RESIDING AT ‘ANKUR’ 5TH CROSS
DASARATH NAGAR
MANIPAL-576 104.
...PETITIONER
(BY SRI. MANIVANNAN G, ADVOCATE)
HC-KAR
AND:
1.
K DIVAKAR SETTY
S/O LATE KRISHNA SHETTY
AGED ABOUT 70 YEARS
RESIDING AT FLAT NO.301
ANDHERI MANISH HOUSING
SOCIETY, MANISH NAGAR
ANDHERI WEST, MUMBAI
MAHARASTRA STATE
...RESPONDENT
(BY SMT.URMILA PULLAT, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION
482 CODE OF CRIMINAL PROCEDURE PRAYING TO CALL
FOR THE ENTIRE RECORDS IN CRL.MIS.NO.62 OF 2018 ON
THE FILE OF THE HONOURABLE II ADDL. CIVIL JUDGE AND
JMFC AT UDUPI, ANNEXURE-B AND THE ENTIRE RECORDS
IN
CRL.A.NO.44
OF
ON
THE
FILE
OF
THE
HONOURABLE PRINCIPAL DISTRICT AND SESSIONS JUDGE
AT UDUPI, VIDE ANNEXURE-A AND QUASH THE ORDER
DATED
26.7.2022
PASSED
BY
THE
HONOU
RABLE
PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT UDUPI, IN
CRL.A.NO.44 OF 2022 AT ANNEXURE-A IN SO FAR AS THE
PETITIONER IS CONCERNED AND ETC.,
THESE
PETITIONS,
COMING
ON
FOR
REPORT
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
HC-KAR
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
1
Decisions referred to
In this index
1
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
Parties present. Joint memo filed.
2. Contents of the joint memo explained to the parties.
3. Parties agree that the contents of the joint memo depicts true terms of settlement.
4. As such, following the dictum of the Hon’ble Apex Court in the case of Ramgopal and another vs. State of Madhya Pradesh reported in (2022)14 SCC 531, and noting that the lis is privy to the parties not having any serious impact on the Society, the following:
ORDER
(i) Placing the joint memo on record petitions are allowed.
(ii) Consequently, order dated 22.04.2022 passed in Crl.Mis.No.62/2018 passed by the II Addl. Civil Judge and JMFC, Udupi and the Order dated 26.07.2022 passed in Crl.A.No.44/2022 by the
HC-KAR
Principal District and Sessions Judge, Udupi, are hereby quashed.
(iii) In view of disposal of the petition, pending applications, if any, stand consigned to record.
Sd/- (V SRISHANANDA) JUDGE
kcm List No.: 1 Sl No.: 61 CT:VRR