- 1 - HC-KAR NC: 2025:KHC:52319-DB W.A. No.318/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.318/2023 (GM-RES) BETWEEN: SMT. SAVITRAMMA W/O LATE SHANKARANARAYANA ITHAL AGED ABOUT 87 YEARS R/AT SRI. LAKSHMI NILAYA TSR ROAD, SHIVAMOGGA 577 201. …APPELLANT (BY SRI. BHAT GANAPATHY NARAYAN (GANAPATHY BHAT) ADV.,) AND: 1. THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE SHIVAMOGGA SUB-DIVISION SHIVAMOGGA 577 201. 2. SMT. SREELAKSHMI P. ITHAL W/O SRI. PARAMESHWARI ITHAL AGED ABOUT 63 YEARS R/AT. T -04, ALCONS PEARL BEHIND CANARA BANK THINDLU MAIN ROAD VIDYARANYAPURA BENGLAURU 560 097. Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:52319-DB W.A. No.318/2023 3. SRI. SHASHIDHAR P. ITHAL S/O SRI. PARAMESHWARA ITHAL AGED ABOUT 35 YEARS R/AT. T-04, ALCONS PEARL BEHIND CANARA BANK THINDLU MAIN ROAD VIDYARANYAPURA BENGALURU 560 097. …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1 SRI. DEVIPRASAD SHETTY, ADV., FOR C/R3 & R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 17.11.2022 IN WRIT PETITION No.22533/2021 (GM-RES) PASSED BY THE LEARNED SINGLE JUDGE, BEFORE THIS HON'BLE HIGH COURT OF KARNATAKA, AT BENGALURU AND CONFIRM THE ORDER PASSED BY THE 1ST RESPONDENT IN CASE No.HI.NA.CR./10/2021-22 AND ALLOW THE WRIT APPEAL FILED THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY. CALL FOR THE ENTIRE RECORDS IN WRIT PETITION IN W.P. No.22533/2021 (GM-RES) AND DISMISS THE SAME WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:52319-DB W.A. No.318/2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This writ appeal is filed challenging the order dated 17.11.2022 passed by the learned Single Judge in W.P.No.22533/2021 (GM-RES). 2. Sri.Bhat Ganapathy Narayan, learned counsel for the appellant and Sri.Deviprasad Shetty, learned counsel for contesting respondents submit that after detailed deliberations, parties have settled the dispute amicably and they have filed a memo. 3. The memo reads as under: "In the above case the Appellant herein challenged the order dated 17/11/2022 passed in W.P No.22533/2011. Wherein the writ petition filled by the Respondent No.2 and 3, that now on mutual understanding between the Appellant and Respondent No.2 and 3, have decided to put an end to the pending litigation and agreed for compromise. The Respondent No.2 and 3, has agreed to pay amount of Rs.8000/-per month from December 2025 till the life time of the Appellant. Which is to be Deposited in the - 4 - HC-KAR NC: 2025:KHC:52319-DB W.A. No.318/2023 ACCOUNT BEARING NUMBER:9992505002022601, IFSC CODE: KARB0000966 Bank & Branch Name: Karnataka bank limited, Bengaluru Global Village Branch, on or before 10th of every month and the Appellant has agreed to accept the same amount of Rs.8000/- payable by Respondent No.2 and 3. Hence in Joint Memo. The same may be taken on record in the interest of equity and justice." 4. We have perused the memo. The memo is in accordance with law and the same is accepted. 5. In view of the aforesaid memo, this appeal is disposed of in terms of the memo. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 20