Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010077082026 NC: 2026:KHC:36092 WP No. 3630 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3630 OF 2026 (GM-RES) BETWEEN:
1.
JULEE GOGOI AGED ABOUT 39 YEARS D/O KANTESWAR GOGOI,
2.
TRISHA BORUAH D/O BITUPAN BORUAH AGED ABOUT 11 YEARS REPRESENTED BY MOTHER JULEE GOGOI
BOTH THE PETITIONERS ARE R/A D10, 4TH FLOOR, GAGANJYOTHI APARTMENT, MANJUNATH LAYOUT RT NAGAR BANGALORE 560032
…PETITIONERS (BY SRI. AKARSH S KANADE, ADVOCATE)
AND:
MR. BITUPAN BORUAH AGED ABOUT 43 YEARS, S/O MR. HARINATH BORUAH, R/AT EAST CREST, FLAT NO. 203, 2ND FLOOR, TOWER H, EAST CREST SY NO. 41, BANDAPURA VILLAGE, BIDRAHALLI HOBLI,
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010077082026 NC: 2026:KHC:36092 WP No. 3630 of 2026
NEAR BUDIGERE CROSS, KONADASAPURA, BENGALURU EAST, KARNATAKA 560049.
…RESPONDENT
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR LOWER COURT RECORDS AND TERMINATE THE MEMORANDUM OF SETTLEMENT U/S 89 OF CPC R/W RULE 24 AND 25 OF KARNATAKA CIVIL PROCEDURE RULE 2005 DATED 07/12/2022 SIGNED BY THE PETITIONER AND RESPONDENT BEFORE THE MMTC-VI AT BANGALORE NAMED ANNEXURE-G AND SET ASIDE THE FINAL
ORDER DATED 27/06/2023 PASSED IN CRL.MISC.141/2020 BY HONBLE MMTC-VI AT BANGALORE IS NAMED AS ANNEXURE-F AND RESTORE THE ORIGINAL PETITION/COMPLAINT FILED BY THE PETITIONER FOR THE
CONSIDERATION OF THE MATTER ON MERITS IN ACCORDANCE WITH THE PROCEDURE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs:
A) Call for Lower Court records and terminate the Memorandum of Settlement U/s 89 of CPC, R/w Rule 24 & 25 of Karnataka Civil Procedure Rule 2005 dated: 07/12/2022 signed by the Petitioner and Respondent before The MMTC- VI AT Bangalore named ANNEXURE - G, and set aside the final order dated: 27/06/2023 passed in Crl. Misc. 141/2020 by Hon'ble MMTC-VI, at Bangalore is named as ANNEXURE -F and restore the original
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HC-KAR
CNR: KAHC010077082026 NC: 2026:KHC:36092 WP No. 3630 of 2026
petition/complaint filed by the petitioner for the
consideration of the matter on merits in accordance with the procedure.
B) Pass such other orders as the Hon'ble Court deems fit and proper on the circumstances of the above case.
2. The learned counsel for the petitioners seeks permission to withdraw the above petition with liberty to move the trial Court, which was seized of Crl.Misc.No.141/2020.
3. Reserving such liberty, the petition stands disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
ND List No.: 1 Sl No.: 53