Karnataka High Court

WP/20036/2022 of P NITYANANDA SHETTY Vs K DIVAKAR SETTY on 5 October 2026

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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

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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

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