IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos. 51478-479/2013 (GM-CPC) BETWEEN:
VEERASHAIVA SAMAJA SEVA SAMITHI (REGD) SIRA TALUK HAVING ITS HEAD OFFICE AT SIRA TOWN, REPRESENTED BY ITS PRESIDENT, T.C. SHIVARUDRAPPA, S/O CHIKKAGOWDAPPA, AGED ABOUT 55 YEARS, PRESIDENT, VEERASHAIVA SAMAJA SEVA SAMITHI (REGD) RESIDENT OF TARUR VILLAGE, SIRA TALUK, TUMKUR DISTRICT - 572 137. … PETITIONER (BY SRI. A V GANGADHARAPPA, ADVOCATE) AND:
1 . SRI SHYALA SAMSTHANA JAGADGURU DR. CHANNABASAVA RAJADESHIKENDRA SIVACHAR MAHASWAMIJI, NIDUMAMIDI MUTT PATTADHYAKSHA, GULUR, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561 207, SINCE DEAD BY L.R. SRI.CHANDRAGUNDA DESHIKA SHIVACHARYA MAHASWAMY, SRI. SRISHYALA JAGADGURU NIDUMAMIDI PEETHADHYAKSHA, NIDUMAMIDI MUTT, GULUR, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT – 561 207.
2. CHANDRAGUNDA DESHIKA SHIVACHARYA MAHASWAMY SRI.SRISHYALA JAGADGURU NIDUMAMIDI PEETHADHYAKSHA, NIDUMAMIDI MUTT, GULUR, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT – 561 207.
3. VEERABHADRA CHANNAMALLA DESHIKENDRA MAHASWAMIJI CLAIMS TO THE PEETADHYAKSHA OF SRI. NIDUMAMIDI SRISHYALA MAHASAMSTHANA PEETHA GULUR, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT – 561 207 PRESENTLY RESIDING AT H.B.SAMAJA ROAD, BASAVANAGUDI, BANGALORE. … RESPONDENTS (BY SRI. RAJESHWARA P.N., ADVOCATE FOR R3; NOTICE TO R2 H/S V/O DATED 30.06.2017; V/O DATED 05.02.2019, ISSUANCE OF NOTICE TO R1 DOES NOT ARISE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 11.07.2013 PASSED BY THE COURT OF SENIOR CIVIL JUDGE & JMFC, AT SIRA IN O.S. NO.20/2005, ON I.A.NO.II PRODUCED AT ANNEXURE-T AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a memo which reads as follows:-
“It is submitted that the matter has been settled between the parties and are going to file a compromise petition before the Lower Court in O.S.No.121/2016 (Old No.31/1993, 20/2005) on the file of the learned Principal Civil Judge and JMFC, Sira.
In view of the settlement between the parties, it is prayed that the Hon’ble Court be pleased to permit the petitioner to withdraw the above writ petition in the interest of justice and equity.”
2. In light of the said submission and memo filed, petition is dismissed.
In light of disposal, question of considering the applications does not arise and hence the applications are disposed of as requiring no further orders.
Sd/- JUDGE VP