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2025 DAILYLAW 52960 (KAR)

SHRI.JATINDRA NARHAR PIKLE v. SMT.PREMA SHESHGIRI PIKLE

WP/146608/2020 · 2025-05-02

Suraj Govindaraj

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:7141 WP No. 146608 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 146608 OF 2020 (GM-CPC) BETWEEN: SHRI.JATINDRA NARHAR PIKLE AGE: 87 YEARS, OCC: RETIRED FROM SERVICE, R/O: C/O PRASHANT PRATAP CHAWAN, 1102, OM APARTMENT, BUILDARCH TOWER, DR.M.B.RAUT MARG, SHIVAJI PARK, DADAR (WEST), MUMBAI-400028. …PETITIONER (BY SRI. SANGRAM S KULKARNI,ADVOCATE) AND: 1. SMT.PREMA SHESHGIRI PIKLE SINCE DEAD BY HER LR (APPLICANT) DR.DINESH LAXMAN BHATKAL, AGED ABOUT: 71 YEARS, OCC: DOCTOR ADMINISTRAR AND MEMBER SECRETARY, GOVERNING BODY, KLE SOCIETYS INSTITUTIONS ANKOLA. …RESPONDENT (BY SRI. MALLIKARJUNSWAMY B. HIREMATH., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR OTHER SUITABLE WRIT, ORDER AND DIRECTION AND THEREBY QUASH THE IMPUGNED ORDER DATED 20.01.2020 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:7141 WP No. 146608 of 2020 PASSED ON INTERIM APPLICATION DATED 12.11.2019 BY ADDL. CIVIL JUDGE JMFC ANKOLA IN ORIGINAL SUIT NO.87 OF 2009 VIDE ANNEXURE K AND CONSEQUENTLY DISMISS THE SUIT AS ABATED AND ETC. THIS WRIT PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: a. To issue a writ of certiorari or other suitable writ, order and direction and thereby quash the impugned order dated 20.01.2020 passed on Interim Application dated 12.11.2019 by Addl. Civil Judge JMFC Ankola in Original Suit No. 87 of 2009 vide Annexure-K and consequently dismiss the suit as abated; b. To issue any other writ direction or order deemed fit. 2. A consent terms has been filed by the petitioner, which reads as under: CONSENT TERMS FOR AMICABLE SETTLEMENT OF ALL DISPUTES BETWEEN THE PETITIONER AND THE KARNATAKA LINGAYAT EDUCATION SOCIETY (1) Both the parties namely Shri. Jatindra Narhar Pikle, the Petitioner and Karnataka Lingayat Education Society, the Respondent/Applicant before the Ld. Civil Judge (Junior Division) at Ankola in Suit No.87 of 2009 have decided to settle all the disputes in respect of the Suit - 3 - NC: 2025:KHC-D:7141 WP No. 146608 of 2020 property namely land bearing Survey No.466/2 (b) (1), with a House built thereon bearing no.358/1, Honnerkeri Keni Road, Taluka & Post Ankola 581314, District Uttara Kannada (the Suit property), on the following terms; a) The Petitioner Shri.Jatindra Narhar Pikle, hereby confirms, agrees and admits that he does not have any objections and claims whatsoever in respect of the Will dated 27.03.2010 executed by Late Smt.Prema Pikle, in favour of KLE Society, save and except, what has been stated in the succeeding Clause 1 (b) hereof. b) The KLE Society and/or its successors in interest and title and assigns hereby confirm, agree and admit that KLE Society and/or its successors in interest and title and assigns, do not have any objections and claims of whatsoever nature, in respect of any right, title and interest of whatsoever nature, in the Suit Property namely the Suit property belonging to Shri. Jatindra Narhar Pikle. The KLE Society and/or its successors in interest and title and assigns affirm that Shri. Jatindra Narhar Pikle shall be solely entitled to the Suit property described in Clause (1) of these terms, which is owned by him and belongs exclusively to him. The KLE Society further confirms that the deceased, Smt. Prema Sheshgiri Pikle, has no share, right, title or interest of any nature whatsoever in the Suit property. c) Both the parties agree that they do not have any claims against each other vis-à-vis the Will dated 27.03.2010 executed by Late Smt.Prema Pikle, save and except what has been stated in the proceeding Clause 1(a) and as the Suit property in the preceding Clause 1 (b). These terms constitute a complete and entire amicable settlement of all rights, claims and interests between the parties in respect of Items 1 (a) and 1 (b). d) All the Application/s filed by KLE Society in Suit No. 87 of 2009 before the Ld. Civil Judge (Junior Division) at Ankola and the present Writ Petition - 4 - NC: 2025:KHC-D:7141 WP No. 146608 of 2020 No. 146608 of 2020 filed before the Hon'ble High Court, Karnataka, Dharwad Bench by Shri. Jatindra Narhar Pikle, shall be withdrawn on the above terms. (2) No order as to costs. Dated this 24th day of April, 2025 3. The said consent term is singed by the petitioner verified by the learned counsel for the petitioner as also signed by the respondent verified by the learned counsel for respondent. Both counsels submit that the signatures on the consent term is of the respective parties. 4. Accepting the said consent terms, the above petition is disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 19 Sl No.: 2