The High Court
Case Details
- 1 - NC: 2025:KHC:24530 W.P. No.22718/2019 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.22718/2019 (GM-CPC) …PETITIONER Digitally signed by RUPA V Location: High Court of karnataka BETWEEN:
Legal Reasoning
SRI. K. SURESH S/O SRI. K. LAKSHMINARAYANA SETTY AGED ABOUT 63 YEARS ADVOCATE, NO.12, 2ND FLOOR 10TH CROSS, BANAPPA PARK ROAD CUBBONPET, BANGALORE - 560002. (BY SRI. B.S. UMESH, ADV.,) AND: 1. SRI. A.K. RAMANATHAN S/O LATE SRI. A.N. KRISHNAN AGED ABOUT 69 YEARS PAN : ABEPR3719C. SINCE DECEASED REP. BY LR'S R2 TO R4. [AMENDED AS PER COURT ORDERS DATED 06.07.2023]. 2. SMT. P.R. USHA W/O SRI. A.K. RAMANATHAN AGED ABOUT 61 YEARS. 3. SRI. R. SUBRAMANI S/O SRI. A.K. RAMANATHAN AGED ABOUT 28 YEARS. NOS.1 TO 3 R/AT. FLAT NO.E- 704, SURAJ GANGA SOCRATES - 2 - NC: 2025:KHC:24530 W.P. No.22718/2019 HC-KAR KANAKAPURA MAIN ROAD VAJARAHALLI VILLAGE (BYANNANAPALYA) UTTARAHALLI HOBLI BANGALORE - 560062. 4. SMT. A.R. MEENAKSHI D/O SRI. A.K. RAMANATHAN AGED ABOUT 32 YEARS PAN: ATMJM0489R R/AT NO.35, 'G' STREET JOGU PALYA MAIN ROAD HALASURU, BANGALORE - 560008. 5. SMT. P.K. RUKMINI W/O LATE SRI. A.K. NARAYANAN AGED ABOUT 65 YEARS PAN: BUXPR5384Q. 6. SRI. N. KRISHNAN @ SURESH S/O LATE SRI. A.K. NARAYANAN AGED ABOUT 42 YEARS PAN: ATUPK4194J. 7. SRI. N. HARIHARAN S/O LATE SRI. A.K. NARAYANAN AGED ABOUT 40 YEARS PAN: ACRPH7730B. RESPONDENTS NO.5 TO 6 ARE RESIDING AT NO.2239 ,5TH CROSS BEHIND VIKASA HIGH SCHOOL SUBRAMANYA LAYOUT RAMAMURTHY NAGAR BANGALORE- 560016. 8. SRI. A.K. LAKSHMANAN S/O LATE SRI. A.N. KRISHNAN AGED ABOUT 60 YEARS NO.6, 'POOJA', 7TH MAIN AG'S LAYOUT M S RAMAIAH NAGAR BANGALORE - 560054. 9. SRI. A.K. SEETHARAM S/O SRI. LATE SRI. A.N. KRISHNAN - 3 - NC: 2025:KHC:24530 W.P. No.22718/2019 HC-KAR AGED ABOUT 59 YEARS PAN: ABNPS0669K RESIDING AT NO.9/1, 'KAUSTUBHAM' 2ND CROSS 3RD MAIN, NEAR SUNDANAGAR PARK SUNDARNAGAR, GOKULA, MSRIT POST BANGALORE - 560054. 10. KUM. SHWETHA SEETHARAM D/O SRI. A.K. SEETHARAM AGED ABOUT 25 YEARS RESIDING AT NO.9/1 PAN: CTQPS0141H RESIDING AT NO 9/1 KAUSTUBHAM, 2ND CROSS, 3RD MAIN NEAR SUNDANAGAR PARK SUNDARNAGAR, GOKULA, MSRIT POST BANGALORE - 560054. 11. SMT. ALAMELU RAMANATHAN D/O LATE A.N. KRISHANA W/O SRI. T.K. RAMANATHAN AGED ABOUT 61 YEARS RESIDING AT NO.7002, JOY BLOCK PRESTIGE MONTE CARLO APARTMENTS NO.72 & 73/1, PUTTENAHALLI DODDABALLAPUR MAIN ROAD YELAHANKA, BANGALORE - 560 064. 12. SRI. T.R. GOPALAKRISHNAN S/O SRI. T.K. RAMANATHAN AGED ABOUT 44 YEARS PAN:ABWPG4244M RESIDING AT FLAT NO.4C, BLOCK-2 TVH SVASTI, EASWARAN KOIL STREET THORAIPAKKAM, CHENNAI - 600 097. 13. SRI. T.R. VENKATESWARAN S/O SRI. T.K. RAMANATHAN AGED ABOUT 36 YEARS PAN:ADAPV8346D RESIDING AT NO.7002, JOY BLOCK PRESTIGE MONTE CARLO APARTMENTS NO.72 & 73/1, PUTTENAHALLI DODDABALLAPUR MAIN ROAD - 4 - NC: 2025:KHC:24530 W.P. No.22718/2019 HC-KAR YELAHANKA BANGALORE - 560 064. 14. SMT. PARVATHY ANANTHANARAYANA D/O LATE SRI. A.N. KRISHNAN W/O SRI. S. ANANTHANARAYANA AGED ABOUT 52 YEARS PAN:ADLPN3520E RESIDING AT NO. 2 VENKATAGIRIAPPA LAYOUT H.V.BLOCK, DODDABOMMASANDRA VIDYARANYAPURA POST BANGALORE - 560 097. 15. SRI. A. SHESHADRI S/O SRI. S. ANANTHANARAYANA AGED ABOUT 29 YEARS PAN: BSPPS3633D R/AT NO.2, VENKATAGIRIAPPA LAYOUT DODDABOMMASANDRA VIDYARANYAPURA POST BANGALORE - 560 097. 16. SMT. S. SUDHA W/O SRI. M.S. NARAYANA REDDY AGED ABOUT 39 YEARS PAN: ALKPS8678K R/AT NO.105, 2ND CROSS, 3RD MAIN BSK 3RD STAGE, 3RD PHASE 1ST BLOCK, BANGALORE - 560 085. …RESPONDENTS (BY SRI. B.S. PRASAD, ADV., FOR R1 TO R3, R5 TO R15 SRI. VENKATESH C, ADV., FOR R16 V/O/DTD:02.12.2019 NOTICE TO R4 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION AS THE CASE MAY BE. CALL FOR THE RECORDS IN O.S.NO.3163/2017 ON THE FILE OF THE XXX ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU CITY [CCH NO.31]. SET ASIDE THE ORDERS DTD:18.02.2019 PASSED ON I.A.NO.4 IN O.S.NO.3163/2017 ON THE FILE OF XXX ADDL. CITY CIVIL AND SESSION JUDGE, BENGALURU - 5 - NC: 2025:KHC:24530 W.P. No.22718/2019 HC-KAR CITY [CCH NO.31] AS PER ANNEXURE-J AND DISMISS I.A.NO.4 FILED IN THE SAID SUIT & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Heard Sri.B.S.Umesh, learned counsel for the petitioner and Sri.B.S.Prasad, learned counsel for the respondent. 2. Learned counsel for the petitioner appears virtually and submits that because of his personal difficulty, he could not appear before the Court and sign the joint memo. Sri.K.Suresh, learned counsel who is also member of the Bar has signed the joint memo. 3. The joint memo filed by the parties reads as under: "1. petition have agreed to settle the matter amicably. The contesting parties to the above writ 2. The petitioner has agreed to receive a sum of Rs.1,25,000/- (Rupees One Lakh Twenty-Five Thousand Only) from the contesting respondents in full and final settlement of the suit claim in OS No.3163/2017 pending before the City Civil Court, Bangalore (CCH-31). Accordingly, a Bankers Cheque bearing No.296410 dated 02.07.2025 for the said sum, drawn on SBI, Dollar Colony, Bangalore in favour of the petitioner has been handed over to him on this day before this Hon'ble Court. - 6 - NC: 2025:KHC:24530 W.P. No.22718/2019 HC-KAR the above 3. This Hon'ble Court may record settlement and direct the petitioner to withdraw the suit O.S.No.3163/2017 unconditionally. Likewise, the parties shall mutually withdraw all allegations and any other complaints that might have been filed before any other authority.
Decision
4. The parties pray that the above writ petition may be disposed of in accordance with the above terms of settlement, in the interest of justice." 4. Sri.K.Suresh, learned counsel acknowledges the receipt of Banker's Cheque as referred in the joint memo. The said joint memo is accepted. 5. In view of the aforesaid joint memo, the writ petition is disposed of by appreciating the learned counsel for amicably settling the dispute. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 33