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2025 DAILYLAW 83706 (KAR)

DR. SATYAJIT GURUPAD DANDAGI v. SRI. KEMPACHAR

WP/23443/2025 · 2025-09-24

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38448 WP No. 23443 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23443 OF 2025 (GM-CPC) BETWEEN: 1. DR. SATYAJIT GURUPAD DANDAGI, S/O SRI GURUPAD NAGAPPA DANDAGI, AGED ABOUT 53 YEARS, R/AT NO.811, ESTEEM CLASSIC APARTMENTS, RAJAJINAGAR INDUSTRIAL SUBURB, BENGALURU – 560 022. 2. DR. POORNIMA SATYAJIT DANDAGI, W/O DR. SATYAJIT GURUPAD DANDAGI, AGED ABOUT 46 YEARS, R/AT NO.811, ESTEEM CLASSIC APARTMENTS, RAJAJINAGAR INDUSTRIAL SUBURB, BENGALURU – 560 022. …PETITIONERS (BY SRI. S.RAJASHEKAR, ADVOCATE) AND: 1. SRI. KEMPACHAR, S/O LATE MAYACHAR, AGED ABOUT 72 YEARS, R/AT NO.79, LIC COLONY, BASAVESHWARANAGAR, BENGALURU – 560 079. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38448 WP No. 23443 of 2025 2. SMT. KAWSALYA, D/O LATE MAYACHAR, AGED ABOUT 70 YEARS, R/AT NO.79, LIC COLONY, BASAVESHWARANAGAR, BENGALURU – 560 079. 3. SRI. SHALIVAHAN TEJASWI K.L., FATHER'S NAME NOT KNOWN TO PETITIONERS, AGED MAJOR, R/AT NO.79, LIC COLONY, BASAVESHWARANAGAR, BENGALURU – 560 079. 4. SRI LAKSHMI NARAYANA REDDY, FATHER'S NAME NOT KNOWN TO PETITIONERS, AGED MAJOR, R/AT NO.79, LIC COLONY, BASAVESHWARANAGAR, BENGALURU – 560 079. …RESPONDENTS (BY SRI. R.MANJUNATHA, ADVOCATE FOR C/R-4) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 04.07.2025 TO AN EXTENT OF NOT CONSIDERING THE APPLICATION I.A. NO.2/2025 FILED UNDER ORDER XXXIX RULE 1 AND 2 IN O.S.NO.2872/2025 ON THE FILE OF THE III ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR GRANT OF EX-PARTE INJUNCTION VIDE ANNEXURE-A AND ETC. - 3 - HC-KAR NC: 2025:KHC:38448 WP No. 23443 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioners files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "That the above Writ Petition is filed seeking to set aside the order dated 04.07.2025 to the extent of not considering the Application in I.A. No.2 filed under Order XXXIX Rules 1 and 2 in O.S. No. 2872/2025 on the file of the III Addl. City Civil and Sessions Judge, Bengaluru for grant of ex-parte injunction and for such other reliefs. It is submitted that during the pendency of the above Writ Petition, the Respondent No.4 has issued a Cheque bearing No.194446 dated 11.09.2025 drawn at Karnataka Bank, Bhuvaneshwari Nagar Branch, Bengaluru for a sum of Rs.14,00,000/- and also paid a sum of Rs.50,000/- in cash towards full and final settlement of the claims of the petitioners. In view of the settlement arrived at between the parties, nothing survives for consideration in the above writ petition. WHEREFORE, the petitioners respectfully pray that this Hon'ble Court may kindly be pleased to dispose of the above Writ Petition as nothing survives for consideration and having settled the dispute between the parties in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:38448 WP No. 23443 of 2025 In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 25