Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 7467 (KAR)

BHARAMA S/O SATTU PUJARI v. SHRI. SUMAN S/O BHUPAL GOURAJ

WP/106108/2024 · 2025-03-20

C M Poonacha, S G Pandit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:5136-DB WP No. 106207 of 2024 C/W WP No. 106108 of 2024 AND 2 OTHER IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 106207 OF 2024 (GM-CON) C/W WRIT PETITION NO. 106108 OF 2024 (GM-CON) WRIT PETITION NO. 106109 OF 2024 (GM-CON) WRIT PETITION NO. 106234 OF 2024 (GM-CON) IN WRIT PETITION NO. 106207 OF 2024: BETWEEN: 1. BHARMA S/O SATTU PUJARI THE CHAIRMAN, SHRI BEERESHWAR CO-OPERATIVE SOCIETY LTD., RAIBAG, DIST. BELAGAVI. 2. SULTAN S/O HALAPPA VANTAMURE THE MANAGER, SHRI BEERESHWAR CO-OPERATIVE SOCIETY LTD., RAIBAG, DIST. BELAGAVI. …PETITIONERS (BY SRI. K. ANANDKUMAR, ADVOCATE) AND: BHUPAL S/O APPANNA GOURAJ DECEASED BY HIS LRS 1.A SUNDRA @ SUMAN W/O. BHUPAL GOURAJ AGE. 73 YEARS, OCC HOUSEHOLD WORK, 1.B KOMALKUMAR S/O. BHUPAL GOURAJ AGE. 38 YEARS, OCC. BUSINESS, 1.C ABHAY KUMAR S/O. BHUPAL GOURAJ AGE. 35 YEARS, OCC. BUSINESS, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5136-DB WP No. 106207 of 2024 C/W WP No. 106108 of 2024 AND 2 OTHER ALL ARE AKKI ROAD NIPANI, TQ. CHIKODI, DIST. BELAGAVI-591201. …RESPONDENT (BY SRI. A.B. PATIL, ADVOCATE FOR R1(A TO C)) 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 THEREBY QUASHING THE IMPUGNED ORDER DATED 17-06-2022 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION BENGALURU IN APPEAL NO.1067/2014 ANNEXURE-A TO THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY & ETC., IN WRIT PETITION NO. 106108 OF 2024: BETWEEN: 1. BHARAMA S/O SATTU PUJARI AGE. 75 YEARS, THE CHAIRMAN, SHRI BEERESHWAR CO-OPERATIVE SOCIETY LTD., RAIBAG, DIST BELAGAVI. 2. SULTAN S/O HALAPPA VANTAMURE AGE. 71 YEARS, THE MANAGER, SHRI BEERSHWAR CO-OPERATIVE SOCIETY LTD., RAIBAG, DIST. BELAGAVI. …PETITIONERS (BY SRI. K. ANANDKUMAR, ADVOCATE) AND: SHRI. SUMAN S/O BHUPAL GOURAJ AGE. 73 YEARS, OCC. HOUSE WIFE, R/O AKKOL ROAD NIPANI, TQ. CHIKODI, DIST BELAGAVI 591201. …RESPONDENT (BY SRI. A.B. PATIL, ADVOCATE) 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 THEREBY QUASHING THE IMPUGNED ORDER DATED 17-06-2022 PASSED BY THE KARNATAKA STATE - 3 - NC: 2025:KHC-D:5136-DB WP No. 106207 of 2024 C/W WP No. 106108 of 2024 AND 2 OTHER CONSUMER DISPUTE REDRESSAL COMMISSION BANGALURU IN 1064/2014 ANNEXURE-A TO THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY & ETC., IN WRIT PETITION NO. 106109 OF 2024: BETWEEN: 1. SHREE BEERESHWAR CREDIT SOUHARDA SAHAKARI LTD., RAIBAG, TQ. RAIBAG, DIST. BELAGAVI -591317. BY ITS SECRETARY SHRI. SULTAN S/O. HALAPPA VANTAMURE, AGE. 71 YEARS, TQ. RAIBAG, DIST. BELAGAVI-591317. 2. SHREE BEERESHWAR CREDIT SOUHARDA SAHAKARI LTD., RAIBAG, TQ. RAIBAG, DIST. BELAGAVI-591317. BY ITS CHAIRMAN, SHRI. BHARAMA S/O SATTUR PUJARI AGE. 75 YEARS, TQ. RAIBAG, DIST. BELAGAVI-591317. …PETITIONERS (BY SRI. K. ANANDKUMAR, ADVOCATE) AND: KOMALKUMAR S/O BHUPAL GOURAJ, AGE. 45 YEARS, OCC. BUSINESS, R/O. KAWATGIMATH NAGAR (SOUTH) NIPANI ROAD, CHIKODI TQ. CHIKODI, DIST. BELAGAVI-591201. …RESPONDENT (BY SRI. A.B. PATIL, ADVOCATE) 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 THEREBY QUASHING THE IMPUGNED ORDER DATED 17-06-2022 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION BANGALURU IN 1068/2014 ANNEXURE-A TO THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY & ETC., - 4 - NC: 2025:KHC-D:5136-DB WP No. 106207 of 2024 C/W WP No. 106108 of 2024 AND 2 OTHER IN WRIT PETITION NO. 106234 OF 2024: BETWEEN: 1. BHARMA S/O SATTU PUJARI AGE. 75 YEARS, THE CHAIRMAN, SHRI BEERESHWAR CO-OPERATIVE SOCIETY LTD., RAIBAG, DIST. BELAGAVI. 2. SULTAN S/O HALAPPA VANTAMURE AGE. 71 YEARS, THE MANAGER, SHRI BEERESHWAR CO-OPERATIVE SOCIETY LTD., RAIBAG, DIST. BELAGAVI. …PETITIONERS (BY SRI. K. ANANDKUMAR, ADVOCATE) AND: SUMAN BHUPAL GOURAJ AGE. 74 YEARS, OCC. HOUSE WIFE, R/O. KAWATGIMATH NAGAR (SOUTH), NIPANI ROAD, TQ. CHIKODI, DIST. BELAGAVI-591201. …RESPONDENT (BY SRI. A.B. PATIL, ADVOCATE) 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 THEREBY QUASHING THE IMPUGNED ORDER DATED 17-06-2022 PASSED BY THE KARNATAKA STATE CONSUMER DISPUTE REDRESSAL COMMISSION BANGALURU IN 1069/2014 ANNEXURE-A TO THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY & ETC., THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 5 - NC: 2025:KHC-D:5136-DB WP No. 106207 of 2024 C/W WP No. 106108 of 2024 AND 2 OTHER ORAL ORDER (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The petitioners have filed the above writ petitions, questioning the order dated 17.06.2022, passed in Appeal Nos.1064, 1067, 1068, 1069 of 2014, on the file of Karnataka State Consumer Disputes Redressal Commission, Bangalore (Annexure-A) and also the order dated 22.05.2014, passed in E.P Nos.130, 240, 241 & 242 of 2013, by the District Consumer Disputes Redressal Forum, Belgaum (Annexure-B). 2. The petitioners and their counsel Sri.K.Anandkumar as well as the respondent and their counsel Sri.A.B.Patil are present before the Court. The parties are identified by their respective counsels. 3. Learned counsel appearing for both the parties, in the above writ petitions, filed an application under Order XXIII Rule 3 of the Code of Civil Procedure, 19081 R/w Articles 226 and 227 of Constitution of India, for having settled the dispute among themselves. The petitioners have paid a sum of ₹5,10,000/- each to respondent in all writ petitions, in full and 1 Hereinafter referred to as the ‘CPC’ - 6 - NC: 2025:KHC-D:5136-DB WP No. 106207 of 2024 C/W WP No. 106108 of 2024 AND 2 OTHER final settlement of the claim. The respondent has received the above stated amount in full and final settlement of the claim. 4. In view of the above settlement, the parties pray to set aside the order 22.05.2014, passed in E.P Nos.130, 240, 241 & 242 of 2013, on the file of District Consumer Disputes Redressal Forum, Belgaum. 5. The compromise petition filed today before the Court is accepted. The order dated 22.05.2014, passed in E.P Nos.130, 240, 241 & 242 of 2013, on the file of District Consumer Disputes Redressal Forum, Belgaum is set aside. 6. In view of the above, the writ petitions stand disposed of. 7. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR, CT:VP LIST NO.: 1 SL NO.: 44