- 1 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13138/2021 (GM-CPC) C/W WRIT PETITION NO.12648/2021 (GM-CPC) WRIT PETITION NO.13074/2021 (GM-CPC) WRIT PETITION NO.13078/2021 (GM-CPC) WRIT PETITION NO.13082/2021 (GM-CPC) WRIT PETITION NO.13095/2021 (GM-CPC) IN W.P. No.13138/2021: BETWEEN: SRI. H.R. HARINDRANATH SASTRY S/O LATE H.V. RAMACHANDRA SASTRY AGED ABOUT 66 YEARS R/O “PARVATHI NILAYA”, PARK EXTENSION SHIVAMOGGA CITY - 577 201. …PETITIONER (BY SRI. VISHNU PRANEETH A, ADV., FOR SRI. S.N. PRASHANTH CHANDRA, ADV.,) AND: 1. SRI. H.S. DATHATREYA S/O SRI. SRINIVASA BHATTA AGED ABOUT 60 YEARS R/O ANUGRAHA, A-217, 9TH CROSS SWAMY VIVEKANANDA BADAVANE SHIVAMOGGA - 577 201. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS 2. M/S. ADITYA CONSTRUCTIONS PVT LTD., REGISTERED OFFICE AT HOUSE NO.2801-A, 1A VASUDEVA RETREAT VASUDEVA NAGAR, BICHOLIM GOA - 403 504 REP BY ITS DIRECTOR SRI. H.R. SHIVASHANAKAR R/O F-70, SARVASSIDDI GOPALA GOWDA EXTENSION SHIVAMOGGA CITY - 577 201. 3. REVENUE DEPARTMENT GOVT., OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 BY REVENUE SECRETARY. AMENDED AS PER ORDER DTD:09.04.2026 …RESPONDENTS (BY SRI. VINAY JADAV H, ADV., FOR R1 SRI. B.S. MAHENDRA, ADV., FOR R2 SRI. SANTHOSHRAJ DESHMUKH, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER VIDE ANNEXURE-G DATED 26.05.2021 PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT SHIVAMOGGA IN O.S.NO.192/2018 & ETC. IN W.P. NO.12648/2021: BETWEEN: SRI. H.R. HARINDRANATH SASTRY S/O LATE H.V. RAMACHANDRA SASTRY AGED ABOUT 66 YEARS R/O “PARVATHI NILAYA” - 3 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS PARK EXTENSION SHIVAMOGGA CITY 577201. ...PETITIONER (BY SRI. VISHNU PRANEETH A, ADV., FOR SRI. S.N. PRASHANTH CHANDRA, ADV.,) AND: 1. SRI. S. SANDESH UPADYA S/O SRI. RAMAUPDADYA AGED ABOUT 39 YEARS R/O “ANANTHA KRISHNA” NO 245-F, C BLOCK SWAMY VIVEKANANDA EXTENSION SHIVAMOGGA CITY 577201. 2. 3. M/S. ADITYA CONSTRUCTIONS PVT LTD REGISTERED OFFICE AT HOUSE NO.2801-A 1A VASUDEVA RETREAT VASUDEVA NAGARA BICHOLIM, GOA 403 504 REP. BY ITS DIRECTOR SRI. H.R. SHIVASHANKAR R/O F-70, SARVASSIDDI GOPALA GOWDA EXTENSION SHIVAMOGGA CITY 577201. REVENUE DEPARTMENT GOVT., OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 BY REVENUE SECRETARY. AMENDED AS PER ORDER DTD:09.04.2026 ...RESPONDENTS (BY SRI. VINAY JADAV H, ADV., FOR R1 SRI. B.S. MAHENDRA, ADV., FOR R2 - 4 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS SRI. SANTHOSHRAJ DESHMUKH, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER VIDE ANNEXURE-H DATED 26.06.2021 PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA IN O.S.NO.14/2018 & ETC. IN W.P. NO.13074/2021: BETWEEN: SRI. H.R. HARINDRANATH SASTRY S/O LATE H.V. RAMACHANDRA SASTRY AGED ABOUT 67 YEARS R/O “PARVATHI NILAYA” PARK EXTENSION SHIVAMOGGA CITY - 577 201. ...PETITIONER (BY SRI. VISHNU PRANEETH A, ADV., FOR SRI. S.N. PRASHANTH CHANDRA, ADV.,) AND: 1. SRI. H.A. AMARESH S/O SRI. H.K. ANANTHAIAH AGED ABOUT 45 YEARS R/O “MALATHESHA SADANA” NO.139, GANAPATHI LAYOUT VIDYANAGARA, SHIVAMOGGA - 577 201. 2. M/S. ADITYA CONSTRUCTIONS PVT LTD., REGISTERED OFFICE AT HOUSE NO.2801-1 1A VASUDEVA RETREAT VASUDEVA NAGAR BICHOLIM, GOA - 403 504 REP. BY ITS DIRECTOR - 5 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS 3. SRI. H.R. SHIVASHANAKAR R/O F-70, SARVASSIDDI GOPALA GOWDA EXTENSION SHIVAMOGGA CITY - 577 201. REVENUE DEPARTMENT GOVT., OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 BY REVENUE SECRETARY. AMENDED AS PER ORDER DTD:09.04.2026 ...RESPONDENTS (BY SRI. VINAY JADAV H, ADV., FOR R1 SRI. B.S. MAHENDRA, ADV., FOR R2 SRI. SANTHOSHRAJ DESHMUKH, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-G DATED 26.05.2021 PASSE BY THE HON’BLE II ADDL. SR. CIVIL JUDGE AND CJM AT SHIVAMOGGA IN.S.N.194/2018 & ETC. IN W.P. NO.13078/2021: BETWEEN: SRI. H.R. HARINDRANATH SASTRY S/O LATE H.V. RAMACHANDRA SASTRY AGED ABOUT 67 YEARS R/O “PARVATHI NILAYA” PARK EXTENSION SHIVAMOGGA CITY - 577 201. ...PETITIONER (BY SRI. VISHNU PRANEETH A, ADV., FOR SRI. S.N. PRASHANTH CHANDRA, ADV.,) - 6 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS AND: 1. SRI. A.L. VINAY KUMAR S/O SRI. LAKSHMINARAYANA AGED ABOUT 38 YEARS R/O 7TH CROSS SHARAVATHI NAGARA SHIVAMOGGA - 577 201. 2. 3. M/S. ADITYA CONSTRUCTIONS PVT LTD REGISTERED OFFICE AT HOUSE NO.2801-1, 1A VASUDEVA RETREAT VASUDEVA NAGAR, BICHOLIM GOA - 403 504 REP. BY ITS DIRECTOR SRI. H.R. SHIVASHANKAR R/O F-70, “SARVASSIDDI GOPALA GOWDA EXTENSION SHIVAMOGGA CITY - 577 201. REVENUE DEPARTMENT GOVT., OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 BY REVENUE SECRETARY. AMENDED AS PER ORDER DTD:09.04.2026 ...RESPONDENTS (BY SRI. VINAY JADAV H, ADV., FOR R1 SRI. B.S. MAHENDRA, ADV., FOR R3 SRI. SANTHOSHRAJ DESHMUKH, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER VIDE ANNEXURE-G DATED - 7 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS 26.05.2021 PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA IN O.S.NO.191/2018 & ETC. IN W.P. NO.13082/2021: BETWEEN: SRI. H.R. HARINDRANATH SASTRY S/O LATE H.V. RAMACHANDRA SASTRY AGED ABOUT 66 YEARS R/O “PARVATHI NILAYA” PARK EXTENSION SHIVAMOGGA CITY - 577 201. ...PETITIONER (BY SRI. VISHNU PRANEETH A, ADV., FOR SRI. S.N. PRASHANTH CHANDRA, ADV.,) AND: 1. SRI. GOPALA S. YDAGERE S/O SRI. SINGAPPAIAH Y.S. AGED ABOUT 58 YEARS R/O NO.20, “ABHIJNA” MIG PRESS COLONY GOPALA EXTENSION SHIVAMOGGA CITY 577 201. 2. M/S. ADITYA CONSTRUCTIONS PVT LTD., REGISTERED OFFICE AT HOUSE NO.2801-1, 1A, VASUDEVA RETREAT VASUDEVA NAGAR, BICHOLIM GOA - 403 504 REP BY ITS DIRECTOR SRI. H.R. SHIVASHANKAR R/O F-70, “SARVASSIDDI” GOPALA GOWDA EXTENSION SHIVAMOGGA CITY - 577 201. - 8 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS 3. REVENUE DEPARTMENT GOVT., OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 BY REVENUE SECRETARY. AMENDED AS PER ORDER DTD:09.04.2026 ...RESPONDENTS (BY SRI. VINAY JADAV H, ADV., FOR R1 SRI. B.S. MAHENDRA, ADV., FOR R2 SRI. SANTHOSHRAJ DESHMUKH, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER VIDE ANNEXURE-H DATED 26.05.2021 PASSED BY THE HONBLE II ADDL. SR. CIVIL JUDGE AND CJM AT SHIVAMOGGA IN O.S.NO.17/2018 & ETC. IN W.P. NO.13095/2021: BETWEEN: SRI. H.R. HARINDRANATH SASTRY S/O LATE H.V. RAMACHANDRA SASTRY AGED ABOUT 66 YEARS R/O “PARVATHI NILAYA” PARK EXTENSION SHIVAMOGGA CITY - 577 201. ...PETITIONER (BY SRI. VISHNU PRANEETH A, ADV., FOR SRI. S.N. PRASHANTH CHANDRA, ADV.,) AND: 1. SRI. H.S. RAGHAVENDRA S/O SRI. H.V. SUBBARAO AGED ABOUT 53 YEARS - 9 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS R/O BENAKA, 3RD MAIN VIJAYANAGAR, GOPALA SHIVAMOGGA 577 201. 2. 3. M/S. ADITYA CONSTRUCTIONS PVT LTD., REGISTERED OFFICE AT HOUSE NO.2801-1, 1A, VASUDEVA RETREAT VASUDEVA NAGAR, BICHOLIM GOA - 403 504 REP. BY ITS DIRECTOR SRI. H.R. SHIVASHANKAR R/O F-70, “SARVASSIDDI GOPALA GOWDA EXTENSION SHIVAMOGGA CITY - 577 201. REVENUE DEPARTMENT GOVT., OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 BY REVENUE SECRETARY. AMENDED AS PER ORDER DTD:09.04.2026 ...RESPONDENTS (BY SRI. VINAY JADAV H, ADV., FOR R1 SRI. B.S. MAHENDRA, ADV., FOR R2 SRI. SANTHOSHRAJ DESHMUKH, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER VIDE ANNEXURE-G DATED 26.05.2021 PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA IN O.S.NO.193/2018 & ETC. - 10 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER Learned counsel appearing for respondent No.1, who is the plaintiff before the trial Court, had filed the respective memos in these petitions indicating that the dispute between the respondent No.1 and respondent No.2 i.e., plaintiff and defendant No.1 in the suits, is settled and the respective respondent No.1/plaintiff intends to withdraw the respective suits pending before the trial Court. 2. One of the memos filed in these petitions reads as under: “The Respondent No.1 above named most respectfully submits as follows: 1) It is submitted that during the pendency of the above writ petition the dispute b/w the - 11 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS Respondent No.1 & 2 who are the Agreement to sell Holder & the Developer of the land has been amicably settled b/w the parties. 2) In view of the said settlement, the Respondent No.1 has declared to withdraw the suit pending before the jurisdictional Trial Court in O.S.No.192/2018 on the file of the Court before the 2nd Addl.Senior Civil Judge at Shivamogga 3) The Respondent No.1 undertakes to take appropriate steps for withdrawal of the said suit in accordance with law at the earliest. 4) In the circumstances this Hon’ble Court may be pleased to take this memo on record & dismiss the writ petition as it become infructuous. Wherefore, it is most respectfully prayed that this Hon’ble Court may be pleased to record the above submission & dismiss the writ petition as it become infructuous in the interest of justice & equity.” 3. The memos are placed on record. - 12 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS 4. Learned counsel for the respondent No.1- plaintiff submits that within two weeks the respondent No.1-plaintiff will file the memos and withdraw the respective suits pending before the trial Court. 5. His submission is placed on record. 6. At this stage, learned counsel appearing for the petitioner in these petitions submits that the instruments in question are insufficiently stamped, hence, under Section 33 of the Karnataka Stamp Act, 1957, the instruments are required to be impounded and they are duty bound to pay the duty and penalty. 7. In my considered view, when the respondent No.1-plaintiff intends to withdraw the suits, the adjudication on the order passed by the trial Court would be an academic issue. Hence, in view of the aforesaid memos filed by the respondent No.1-plaintiff, the writ petitions are disposed of by permitting the respondent - 13 - HC-KAR CNR: KAHC010250632021 NC: 2026:KHC:40510 W.P. No.13138/2021 AND CONNECTED MATTERS No.1-plaintiff to withdraw the suits filed by him as stated in the memos. 8. The contention of the petitioner in the present writ petitions with regard to impounding of the documents and payment of duty and penalty is kept open to be urged in the appropriate proceedings if the respondents intend to place reliance on the aforesaid documents in any of the proceedings. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 19