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2025 DAILYLAW 28707 (KAR)

SMT DR SHUBACHARITHA v. SRI K N JAGADESHAIAH

WP/22522/2019 · 2025-04-21

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC:16422 WP No. 22522 of 2019 C/W WP No. 21330 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22522 OF 2019 (GM-CON) C/W WRIT PETITION NO. 21330 OF 2019 (GM-CON) IN WP No. 22522/2019 BETWEEN: 1. 2. SMT DR SHUBACHARITHA AGEDA BOUT 56 YEARS W/O SRI M N DHARMAVRATHA PARTNER M/S SHUDHA DEVELOPERS NO.3, TAPOVANA APARTMENT INDUSTRIAL SUBURB VISWESWARANAGARA MYSORE-570 008 M/s SHUDHA DEVELOPERS HAVING ITS REGISTERED OFFICE AT NO.3, TAPOVANA APARTMENT INDUSTRIAL SUBURB VISWESWARANAGARA MYSORE-570 008 REPRESENTED BY ITS MANAGING PARTNER SRI M N DHARMAVRATHA AGED ABOUT 58 YEARS …PETITIONERS (BY SRI. ABHINAV RAMANAND A.,ADVOCATE) AND: 1. SRI K N JAGADESHAIAH MAJOR IN AGE S/O SRI C J NANJAPPA Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16422 WP No. 22522 of 2019 C/W WP No. 21330 of 2019 NO.1562, 6TH MAIN, 8TH CROSS 2ND STAGE, VIJAYANAGARA MYSORE-570 017 2. SRI J PREMAKUMAR MAJOR IN AGE S/O SRI K N JAGADESHAIAH NO.1562, 6TH MAIN, 8TH CROSS 2ND STAGE, VIJAYANAGARA MYSORE-570 017 3. SRI J MAADEVA PRAKASH MAJOR IN AGE S/O SRI K N JAGADESHAIAH NO.1562, 6TH MAIN 8TH CROSS, 2ND STAGE VIJAYANAGARA MYSORE-570 017 …RESPONDENTS (R1 & R3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 23.05.2019 PASSED BY THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSURU IN E.A.NO.133/2013 AT ANNEXURE-Q TO THE W.P AND ETC. IN WP NO. 21330/2019 BETWEEN: 1. M/S SHUDHA DEVELOPERS HAVING ITS REGISTERED OFFFICE AT NO.3, TAPOVANA APARTMENT, INDUSTRIAL SUBURB, VISWESWARANAGARA, MYSORE 570008, REP BY ITS MANAGING PARTNER SRI M.N.DHARMAVRATHA 2. SRI M.N.DHARMAVRATHA AGED ABOUT 58 YEARS, S/O SRI M.NARAYANA DAS, MANAGING PARTNER, M/S SHUDHA DEVELOPERS. - 3 - NC: 2025:KHC:16422 WP No. 22522 of 2019 C/W WP No. 21330 of 2019 3. SMT DR. SHUBACHARITHA AGED ABOUT 56 YEARS, W/O SRI M.N.DHARMAVRATHA, MANAGING PARTNER, M/S SHUDHA DEVELOPERS. PETITIONERS 2 AND 3 ARE HAVING THEIR ADDRESS AT NO.3, TAPOVANA APARTMENT, INDUSTRIAL SUBURB, VISWESWARANAGARA, MYSORE 570008. ...PETITIONERS (BY SRI. ABHINAV R.,ADVOCATE) AND: 1. SRI K N JAGADESHAIAH MAJOR IN AGE, S/O SRI C.J NANJAPPA, NO.1562, 6TH MAIN, 8TH CROSS, 2ND STAGE, VIJAYANAGARA, MYSORE 570017 2. SRI J PREMAKUMAR MAJOR IN AGE, S/O SRI K.N JAGADESHAIAH, NO.1562, 6TH MAIN, 8TH CROSS, 2ND STAGE, VIJAYANAGARA, MYSORE 570017 3. SRI J MAADEVA PRAKASH MAJOR IN AGE, S/O SRI K.N JAGADESHAIAH, NO.1562, 6TH MAIN, 8TH CROSS, 2ND STAGE, VIJAYANAGARA, MYSORE 570017 ...RESPONDENTS (BY SRI. RAVISHANKAR R H., ADVOCATE FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DTD 15.4.2019 PASSED BY THE DISTRICT CONSUMER DISPUTES - 4 - NC: 2025:KHC:16422 WP No. 22522 of 2019 C/W WP No. 21330 of 2019 REDRESSAL FORUM, MYSURU IN E.A.NO.133/2013 AT ANNEXURE-M TO THE WRIT PETITION AND ETC. THESE WRIT PETITIONS , COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners in W.P.No.22522/2019 are before this Court seeking for the following reliefs: a. Issue a writ in the nature of certiorari quashing the order dated 23.0.2019 passed by the District Consumer Disputes Redressal Forum, Mysuru in E.A.No.133/2013 at Annexure-Q to the Writ Petition. b. Declare that parallel proceedings under Section 2 & 27 of the Consumer Protection Act, 1986 (Central Act 68 of 1986) cannot be initiated simultaneously. c. Grant Costs; d. Such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case. 2. The petitioners in W.P.No.2566/2025 are before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari quashing the order dated 15.04.2019 passed by the District Consumer Disputes Redressal Forum Mysuru in E.A.No.133/2013 at Annexure-M to the Writ petition. - 5 - NC: 2025:KHC:16422 WP No. 22522 of 2019 C/W WP No. 21330 of 2019 ii. Declare that parallel proceedings under Section 2 & 27 of the Consumer Protection Act 1986 (Central Act 68 of 1986) cannot be initiated simultaneously. iii. Grant Costs. iv. Such other relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case. 3. Memo dated 21.04.2025 signed by the counsel for the petitioner is filed which reads as under: Memo The Petitioner humbly submits that during the pendency of the present petition, the parties have amicably settled the disputes between them. As such, the present writ petition may kindly be dismissed as not pressed/withdrawn. The Memo may be taken on record to meet the ends of justice. 4. Accepting the memo, the petitions stand dismissed as withdrawn on account of settlement. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 1