Karnataka High Court

WP/15974/2026 of AMRITH SHENOY P Vs FAZLUR RAHIMAN ASSADI on 28 September 2026

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CNR: KAHC010348052026 NC: 2026:KHC:53799 WP No. 15979 of 2026 C/W WP No. 15974 of 2026 WP No. 15978 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 15979 OF 2026 (GM-CON) C/W WRIT

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 15979 OF 2026 (GM-CON)

C/W

WRIT PETITION NO. 15974 OF 2026 (GM-RES), WRIT PETITION NO. 15978 OF 2026 (GM-CON)

IN W.P NO. 15979/2026

BETWEEN:

S/O LATE DR. ANANTHA SHENOY,

PROPRIETOR,

SRI. LAKSHMEE HOMES AND

INFRASTRUCTURE, DOOR

NO.6-2-137A3, GROUND FLOOR,

…PETITIONER

(BY SRI S.K ACHARYA, ADVOCATE)

AND:

DR. VASUDEVA PRABHU,

AGED ABOUT 49 YEARS,

S/O LATE SRIDHAR PRABHU,

R/AT D.NO.7/15(1), NEAR RKP SCHOOL,

MUNDKINAJEDDU,

CHERKADY VILLAGE,

POST CHERKADY-576215,

HC-KAR

BRAHMAVARA TALUK,

UDUPI DISTRICT.

…RESPONDENT

(BY SRI S RAJASHEKAR, ADVOCATE)

ORDERS DATED 07.04.2026 AND 24.04.2026 PASSED IN

EXECUTION PETITION NO.11/2023 ON THE FILE OF THE UDUPI

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VIDE ANNEXURE-A AND B AND TO DECLARE THE SAME AS

UNCONSTITUTIONAL AND ILLEGAL.

IN W.P NO. 15974/2026

BETWEEN:

S/O LATE DR.ANANTHA SHENOY,

PROPRIETOR,

SRI LAKSHMEE HOMES AND INFRASTRUCTURE,

DOOR NO.6-2-137A3, GROUND FLOOR,

…PETITIONER

(BY SRI S.K ACHARYA, ADVOCATE)

AND:

1.

FAZLUR RAHIMAN ASSADI, (DISABLED PERSON)

AGED ABOUT 64 YEARS,

S/O LATE ABDUL TAWAB ASSADI,

R/AT CASA TRIANNA APARTMENT,

NEAR HANUMAN GARRAGE, CHITPADY,

UDUPI-576101.

HC-KAR

2.

MOHAMMED TAYYAB ASSADI,

AGED ABOUT 32 YEARS,

S/O LATE ABDUL TAWAB ASSADI,

R/AT CASA TRIANNA APARTMENT,

NEAR HANUMAN GARRAGE, CHITPADY,

UDUPI-576101.

…RESPONDENTS

(BY SRI RAJESWARA.P.N, ADVOCATE FOR R1;

SRI GURURAJ AITHAL, ADVOCATE FOR R-2)

ORDERS DATED 07.04.2026 AND 24.04.2026 PASSED IN

EXECUTION PETITION NO.15/2022 ON THE FILE OF THE UDUPI

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VIDE ANNEXURE-A AND B AND TO DECLARE THE SAME AS

UNCONSTITUTIONAL AND ILLEGAL.

IN W.P NO. 15978/2026

BETWEEN:

S/O LATE DR. ANANTHA SHENOY,

PROPRIETOR,

SRI. LAKSHMEE HOMES AND INFRASTRUCTURE,

DOOR NO.6-2-137A3, GROUND FLOOR,

…PETITIONER

(BY SRI S K ACHARYA, ADVOCATE)

AND:

DR. VASUDEVA PRABHU,

AGED ABOUT 49 YEARS,

S/O LATE SRIDHAR PRABHU,

HC-KAR

R/AT D.NO.7/15(1),

NEAR RKP SCHOOL, MUNDKINAJEDDU,

CHERKADY VILLAGE, POST

CHERKADY-576215, BRAHMAVARA TALUK,

UDUPI DISTRICT.

…RESPONDENT

(BY SRI S.RAJASHEKAR, ADVOCATE)

ORDERS DATED 07/04/2026 AND 24/04/2026 PASSED IN

EXECUTION PETITION NO. 12/2023 ON THE FILE OF THE

UDUPI

DISTRICT

CONSUMER

DISPUTES

REDRESSAL

COMMISSION, VIDE ANNEXURE-A AND B AND TO DECLARE

THE SAME AS UNCONSTITUTIONAL AND ILLEGAL.

THESE PETITIONS, COMING ON FOR PRELIMINARY

HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE

THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

1. Learned counsel for the petitioner in all the matters has filed a memos dated 28.09.2026 to withdraw the writ petitions. The said memo reads as under:

"MEMO FOR WITHDRAWYAL

It is respectfully submits as follows:

The petitioner may be permitted to withdraw the Writ Petition with liberty to approach the competent forum as per law. And as such he may be permitted to withdraw the Writ Petition as not pressed.

It may be ordered accordingly. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

HC-KAR

Sd/- PLACE: BENGALURU

(S.K ACHARYA) DATE:28.09.2026 ADVOCATE FOR APPELLANT"

2. In view of the memos, writ petitions are dismissed as withdrawn.

3. This order will not preclude the petitioner from availing remedies as permissible under law.

(C.M. POONACHA) JUDGE

BS List No.: 2 Sl No.: 33

Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

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