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2026 DAILYLAW 34604 (KAR)

SRI. P. NANDA KUMAR v. SRI MANOHAR DAYARAM CHATLANI

WP/20681/2022 · 2026-07-27

Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR CNR: KAHC010479772022 NC: 2026:KHC:38776 W.P. No.20681/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.20681/2022 (GM-CPC) BETWEEN: SRI. P. NANDA KUMAR S/O LATE N. PADMANABHAN AGED ABOUT 56 YEARS R/AT NO.113-F, 3RD FLOOR CENTRAL CHAMBERS GANDHINAGAR, BENGALURU-560009. …PETITIONER (BY SRI. VINOD REDDY V, ADV.,) AND: 1. SRI. MANOHAR DAYARAM CHATLANI S/O DAYARAM CHATLANI AGED ABOUT 70 YEARS. 2. SRI. HARISH L. MIRPURI S/O LAKHILAL MIRPURI AGED ABOUT 69 YEARS. BOTH ARE HAVING THEIR OFFICE AT NO.23, COMMERCIAL STREET BENGALURU-560001. 3. SMT. PARVATHAMMA W/O LATE N. PADMANABHAN AGED ABOUT 83 YEARS R/AT NO.2/4, 1ST FLOOR HANUMAIAH REDDY ROAD HALASURU, BENGALURU-560008. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010479772022 NC: 2026:KHC:38776 W.P. No.20681/2022 4. SMT. P. VIJAYAKUMAR D/O LATE N. PADMANABHAN AGED ABOUT 63 YEARS R/AT MF1, GROUND FLOOR PATHWAY NO.3, NANDINI LAYOUT BENGALURU-560096. 5. SMT. P. PUSHPALATHA D/O LATE N. PADMANABHAN AGED ABOUT 58 YEARS R/AT NO.15/A, SAI SADAN 5TH CROSS 2ND MAIN, C B SANDRA YELAHANKA NEW TOWN BENGALURU-560064. 6. SMT. P. CHANDRAKALA D/O LATE N. PADMANABHAN AGED ABOUT 48 YEARS R/AT NO.60, UNNATHI 3RD CROSS, 5TH MAIN KEB LAYOUT, SANJAYANAGAR BENGALURU-560094. 7. SRI. P. DAKSHINA MURTHY S/ LATE N. PADMANABHAN AGED ABOUT 58 YEARS R/AT NO.1252, 10TH MAIN WEST OF CHORD ROAD, 2ND STAGE MAHALAKSHMI LAYOUT BENGALURU-560086. …RESPONDENTS (BY SRI. AJITH G.G., ADV., FOR SRI. SUDHAKAR G.V. ADV., FOR R1 & R2 V/O/DTD:17.10.2022, NOTICE TO R3 TO R7 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE CONCERNED RECORDS. QUASH THE ORDER DTD 12.07.2022 PASSED BY THE COURT OF THE XVIII ADDITIONAL CITY CIVIL - 3 - HC-KAR CNR: KAHC010479772022 NC: 2026:KHC:38776 W.P. No.20681/2022 AND SESSIONS JUDGE, BENGALURU ON MEMOS OF CALCULATIONS FILED IN EX.NO.2641/2017 VIDE ANNEXURE-L. QUASH THE ORDER DTD 12.09.2022 PASSED BY THE COURT OF THE XVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN EX.NO.2641/2017 VIDE ANNEXURE-M & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following reliefs: “a) Quash the order dated 12-07-2022 passed by the Court of the XVIII Additional City Civil and sessions Judge, Bengaluru on memos of calculations file in Ex.No.2641/2017 Vide ANNEXURE-'L'. b) Quash the order dated 12-09-2022 passed by the Court of the XVIII Additional City Civil and sessions Judge, Bengaluru in Ex. No.2641/2017 Vide ANNEXURE-'M'. c) Grant such other relief or reliefs as the situation demands to meet the ends of justice.” 2. Learned counsel for the petitioner as well as learned counsel for the respondent have jointly submit that - 4 - HC-KAR CNR: KAHC010479772022 NC: 2026:KHC:38776 W.P. No.20681/2022 the above matter is settled and they have filed the joint memo, which reads as under: “JOINT MEMO The petitioner has challenged the orders passed by the court of XVIII Additional City Civil and Sessions Judge, at Bengaluru in Ex. No.2641/2017 dated 12-07-2022 passed on memo of calculation and directing the Judgment Debtor to pay Rs.11,86,152/- and subsequent order dated 12-09-2022 issuing the sale proclamation and sale warrant is illegal and arbitrary orders. Now the petitioner and respondents have settled the dispute involved in the above petition by mutual agreement as per the terms and conditions hereinafter contained. Terms of settlement 1. The petitioner has accepted to pay Rs.2,00,000/- (Rupees two lakhs only) to Respondent-1 Manohar Dayaram Chatlani by way of Demand draft DD No.072680 dated 23-07- 2026 drawn on Canara Bank, BIT branch, Bengaluru and same has been accepted by the respondent-1 as full and final settlement in respect of claim made in the execution petition Ex. No.2641/2017. - 5 - HC-KAR CNR: KAHC010479772022 NC: 2026:KHC:38776 W.P. No.20681/2022 2. The petitioner has accepted to pay Rs.2,00,000/- (Rupees two lakhs only) to Respondent-2 Harish L. Mirpuri by way of Demand draft DD No.072679 dated 23-07-2026 drawn on Canara Bank, BIT branch, Bengaluru and same has been accepted by the respondent-2 as full and final settlement in respect of claim made in the execution petition Ex. No.2641/2017. 3. In view of the above settlement the respondents-1 and 2 herein have undertaken to withdraw the execution proceedings pending in the court of XVIII Additional City Civil and Sessions Judge, at Bengaluru (CCH-10) in Ex. No.2641/2017. The petitioner has no objection to withdraw the amount of ₹4,75,000/- deposited in Ex.No.2641/2017 by Respondent No.1 and 2 as per order dated 12/03/2016 of this Hon’ble Court. 4. It is hereby declared that the above terms of settlement shall be final & conclusive and the same shall not be reopened under any circumstances. Therefore, the petitioner and the Respondents pray that this Hon'ble court be pleased to place the above terms of settlement on record and pass the necessary orders as per the settlement and dispose the writ petition - 6 - HC-KAR CNR: KAHC010479772022 NC: 2026:KHC:38776 W.P. No.20681/2022 accordingly, in the interests of justice and equity.” 3. As per the joint memo, the petitioner has handed over two demand drafts for a sum of Rs.2,00,000/- each to the respondent Nos.1 and 2, who are present before the Court and who acknowledge the receipt of the same. The respondent Nos.1 and 2 are also permitted to withdraw the amount deposited in execution proceedings. 4. Learned counsel for respondent Nos.1 and 2 also undertake that they would withdraw the execution petition once the amount is withdrawn. The said submission is placed on record. 5. In view of the above, writ petition is disposed of in terms of the joint memo. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 12