- 1 - HC-KAR CNR: KAHC010399872022 NC: 2026:KHC:55293 WP No. 17535 of 2022 C/W WP No. 20036 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION No.17535 OF 2022 (GM-RES) C/W WRIT PETITION No.20036 OF 2022 (GM-RES) IN WP No. 17535/2022 BETWEEN: 1. K SUKANANDA SHETTY S/O LATE SHAM SHETTY, AGED ABOUT 65 YEARS, RESIDING AT SHETTY TEA STALL ARYAN MILK COLONY, MODERN BAKERY BUILIDING, GOREGAON (EAST) MUMBAI -400 065, MAHARASTRA STATE. 2. PRABHAVATHI S SHETTY D/O LATE SHAM SHETTY, AGED ABOUT 59 YEARS, RESIDING AT NO.455, SARAD NAGAR, TARSALI ROAD, VADODARA, BARODA -390 009, GUJARAT STATE. …PETITIONERS (BY SRI. MANIVANNAN G, ADVOCATE) AND: K DIVAKAR SETTY S/O LATE KRISHNA SHETTY, AGED ABOUT 70 YEARS, RESIDING AT FLAT NO.301, ANDHERI MANISH HOUSING SOCIETY, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010399872022 NC: 2026:KHC:55293 WP No. 17535 of 2022 C/W WP No. 20036 of 2022 MANISH NAGAR, ANDHERI WEST -400 053. MUMBAI, MAHARASTRA STATE. …RESPONDENT (BY SMT.URMILA PULLAT, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO CALL FOR THE RECORDS IN CRL.MIS.NO.62 OF 2018 ON THE FILE OF THE HON’BLE II ADDL.CIVIL JUDGE AND JMFC, AT UDUPI AND THE ENTIRE RECORDS IN CRL.A.NO.44 OF 2022 ON THE FILE OF THE HON’BLE PRINCIPAL DISTRICT AND SESSION JUDGE AT UDUPI AND QUASHING THE ORDER DATED 26.07.2022 PASSED BY THE HON’BLE PRINCIPAL DISTRICT AND SESSION JUDGE, AT UDUPI, IN CRL.A.NO.44 OF 2022 AT ANNEXURE-A AND ETC., IN WP No.20036/2022 BETWEEN: P NITYANANDA SHETTY S/O LATE SHAM SHETTY AGED ABOUT 70 YEARS RESIDING AT ‘ANKUR’ 5TH CROSS DASARATH NAGAR MANIPAL-576 104. ...PETITIONER (BY SRI. MANIVANNAN G, ADVOCATE) - 3 - HC-KAR CNR: KAHC010399872022 NC: 2026:KHC:55293 WP No. 17535 of 2022 C/W WP No. 20036 of 2022 AND: 1. K DIVAKAR SETTY S/O LATE KRISHNA SHETTY AGED ABOUT 70 YEARS RESIDING AT FLAT NO.301 ANDHERI MANISH HOUSING SOCIETY, MANISH NAGAR ANDHERI WEST, MUMBAI MAHARASTRA STATE ...RESPONDENT (BY SMT.URMILA PULLAT, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO CALL FOR THE ENTIRE RECORDS IN CRL.MIS.NO.62 OF 2018 ON THE FILE OF THE HONOURABLE II ADDL. CIVIL JUDGE AND JMFC AT UDUPI, ANNEXURE-B AND THE ENTIRE RECORDS IN CRL.A.NO.44 OF 2022 ON THE FILE OF THE HONOURABLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT UDUPI, VIDE ANNEXURE-A AND QUASH THE ORDER DATED 26.7.2022 PASSED BY THE HONOU RABLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT UDUPI, IN CRL.A.NO.44 OF 2022 AT ANNEXURE-A IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC., THESE PETITIONS, COMING ON FOR REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 4 - HC-KAR CNR: KAHC010399872022 NC: 2026:KHC:55293 WP No. 17535 of 2022 C/W WP No. 20036 of 2022 ORAL ORDER Parties present. Joint memo filed. 2. Contents of the joint memo explained to the parties. 3. Parties agree that the contents of the joint memo depicts true terms of settlement. 4. As such, following the dictum of the Hon’ble Apex Court in the case of Ramgopal and another vs. State of Madhya Pradesh reported in (2022)14 SCC 531, and noting that the lis is privy to the parties not having any serious impact on the Society, the following: ORDER (i) Placing the joint memo on record petitions are allowed. (ii) Consequently, order dated 22.04.2022 passed in Crl.Mis.No.62/2018 passed by the II Addl. Civil Judge and JMFC, Udupi and the Order dated 26.07.2022 passed in Crl.A.No.44/2022 by the - 5 - HC-KAR CNR: KAHC010399872022 NC: 2026:KHC:55293 WP No. 17535 of 2022 C/W WP No. 20036 of 2022 Principal District and Sessions Judge, Udupi, are hereby quashed. (iii) In view of disposal of the petition, pending applications, if any, stand consigned to record. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 61 CT:VRR