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2025 DAILYLAW 50006 (KAR)

JAVEED KHADARMIYA INAMDAR v. REX BUILDERS and DEVELOPERS,

WP/106773/2018 · 2025-06-20

Pradeep Singh Yerur

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:7882 WP No. 106773 of 2018 C/W WP No. 108436 of 2018 WP No.108437/2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 106773 OF 2018 (GM-RES) C/W WRIT PETITION NO. 108436 OF 2018 (GM-RES) WRIT PETITION NO. 108437 OF 2018 (GM-RES) IN W.P. NO.106773/2018 (GM-RES) BETWEEN: 1. JAVEED KHADARMIYA INAMDAR, AGE: 53 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. 2. AMJAD KHADARMIYA INAMDAR, AGE: 43 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. 3. NASEERPASHA UMARPASHA INAMDAR, AGE: 54 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. 4. IRFAN UMARPASHA INAMDAR, AGE: 44 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. …PETITIONERS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. REX BUILDERS & DEVELOPERS, A PARTNERSHIP FIRM REPRESENTED BY SHRI GAJANAND S/O. KRISHNA BHANDURGE, AGE: 54 YEARS, OCC: BUSINESS, R/O: CCB NO.447, MALHARI NIVAS, CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7882 WP No. 106773 of 2018 C/W WP No. 108436 of 2018 WP No.108437/2018 5TH CROSS, BHAGYANAGAR, BELAGAVI-590006. 2. ATUL S/O. BAPU @ MADHAV NARGUNDKAR, AGE: 46 YEARS, OCC: RETIRED, R/O: AARUSH, PLOT NO.30, SRIRAM, WARJE, PUNE. 3. NANDKUMAR S/O. NARAYAN HARIDAS, AGE: 70 YEARS, OCC: BUSINESS, R/O: 711, 1ST CROSS, S.V. NAGAR, TILAKWADI, BELAGAVI-590006. 4. MUKHTAR BUDANSAB NALBAND, AGE: 49 YEARS, OCC: BUSINESS, R/O: ASADKHAN COLONY, PLOT NO.286/A, SHIVAJI NAGAR, BELAGAVI. …RESPONDENTS (BY SRI. SHREEVATSA S. HEGDE, ADVOCATE FOR R1; SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R1; R2-R4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED COMPROMISE DECREE PASSED IN PRE LITIGATION CASE NO.74/2018 DATED 05/02/2018 VIDE ANNEXURE-A PASSED BY THE DISTRICT LEGAL SERVICES AUTHORITY, BELAGAVI, BEFORE LOK-ADALAT, BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN W.P. NO.108436/2018 (GM-RES) BETWEEN: 1. JAVEED KHADARMIYA INAMDAR, AGE: 54 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. 2. AMJADMIYA KHADARMIYA INAMDAR, AGE: 45 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. 3. NASEERPASHA UMARPASHA INAMDAR, AGE: 54 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, - 3 - HC-KAR NC: 2025:KHC-D:7882 WP No. 106773 of 2018 C/W WP No. 108436 of 2018 WP No.108437/2018 AZAD GALLI, BELAGAVI-590001. 4. IRFANPASHA UMARPASHA INAMDAR, AGE: 42 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. …PETITIONERS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. REX BUILDERS & DEVELOPERS, A PARTNERSHIP FIRM REPRESENTED BY SHRI DEEPAK S/O. PAVANU NARVEKAR, AGE: 49 YEARS, OCC: BUSINESS, R/O: CCB NO.447, MALHARI NIVAS, 5TH CROSS, BHAGYANAGAR, BELAGAVI-590006. 2. MR. MOHAMMADKAMIL ABDULRAUF BUKHARI, AGE: 48 YEARS, OCC: R/O: F-5 SHIVGANGA APARTMENT, SHUBASH NAGAR, BELAGAVI-590016. 3. MRS. AASYABEGUM MOHAMMADKAMIL BUKHARI, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O: F-5 SHIVGANGA APARTMENT, SHUBASH NAGAR, BELAGAVI-590016. …RESPONDENTS (BY SRI. SHREEVATSA HEGDE, ADVOCATE FOR R1; SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R1; R2-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED COMPROMISE PETITION PASSED IN PRE LITIGATION CASE NO.737/2018 DATED 28.08.2018 VIDE ANNEXURE-A PASSED BY THE DISTRICT LEGAL SERVICES AUTHORITY, BELAGAVI, BEFORE LOK-ADALAT, BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. [ IN W.P. NO. 108437/2018 (GM-RES) BETWEEN: 1. JAVEED KHADARMIYA INAMDAR, AGE: 54 YEARS, OCC: BUSINESS, - 4 - HC-KAR NC: 2025:KHC-D:7882 WP No. 106773 of 2018 C/W WP No. 108436 of 2018 WP No.108437/2018 R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. 2. AMJADMIYA KHADARMIYA INAMDAR, AGE: 46 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. 3. NASEERPASHA UMARPASHA INAMDAR, AGE: 54 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. 4. IRFAN UMARPASHA INAMDAR, AGE: 44 YEARS, OCC: BUSINESS, R/O: H.NO.2383, HAFEEZA MANSION, AZAD GALLI, BELAGAVI-590001. …PETITIONERS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. REX BUILDERS & DEVELOPERS, A PARTNERSHIP FIRM REPRESENTED BY SHRI DEEPAK S/O. PAVANU NARVEKAR, AGE: 48 YEARS, OCC: BUSINESS, R/O: CCB NO.447, MALHARI NIVAS, 5TH CROSS, BHAGYANAGAR, BELAGAVI-590006. 2. MR. SYEDAZIMPASHA S/O. SYEDKHADIRPASHA INAMDAR, AGE: 62 YEARS, OCC: RETIRED GOVT. SERVANT, R/O: MALI GALLI, BELAGAVI-590001. 3. MR. MEHBOOBBASHA S/O. DASTGIRSAB INAMDAR, AGE: 80 YEARS, OCC: DRIVER, R/O: MALI GALLI, BELAGAVI-590001. 4. MR. AKBARBASHA S/O. DASTGIRSAB INAMDAR, AGE: 75 YEARS, OCC: , R/O: MALI GALLI, BELAGAVI-590001. …RESPONDENTS (BY SRI. ARAVIND D. KULKARNI, ADVOCATE FOR R1; SRI. SHREEVATSA HEGDE, ADVOCATE FOR R1; R2-R4 SERVED) - 5 - HC-KAR NC: 2025:KHC-D:7882 WP No. 106773 of 2018 C/W WP No. 108436 of 2018 WP No.108437/2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED COMPROMISE ORDER PASSED IN PRE LITIGATION CASE NO.504/2018 DATED 16.07.2018 VIDE ANNEXURE-A PASSED BY THE DISTRICT LEGAL SERVICES AUTHORITY, BELAGAVI, BEFORE LOK-ADALAT, BELAGAVI IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Learned counsel for the petitioners in both these matters has filed an application seeking to withdraw these petitions along with verifying affidavits, copies of aadhar card. 2. It is contended by the learned counsel for the petitioners that the parties to the proceedings have settled the matters by way of memorandum of understanding dated 20.01.2025 entered into between the petitioners and the respondent No.1. In view of the same, seeks leave of this Court to withdraw the petitions. 3. In view of the settlement having been agreed as per the memorandum of understanding dated - 6 - HC-KAR NC: 2025:KHC-D:7882 WP No. 106773 of 2018 C/W WP No. 108436 of 2018 WP No.108437/2018 20.01.2025, which is also annexed along with the applications, these petitions are disposed of as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK / List No.: 1 Sl No.: 75