What did the High Court hold?

The High Court noted that the parties involved had filed a joint memo indicating a settlement. The court accepted this settlement and directed the concerned court to draw a decree accordingly.

The Commissioner of Income Tax and Tax Recovery Officer filed a writ petition challenging an order from the Senior Civil Judge. The matter was brought before the High Court of Karnataka.

What were the issues?

The primary issue was whether the writ petition challenging the lower court's order should be upheld. The settlement between the parties resolved this issue.

CIT vs I V Dayakara Rao | Karnataka High Court 2016

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF JANUARY 2016 BEFORE

THE HON’BLE MR.JUSTICE BUDIHAL R.B.

WRIT PETITION NO.31572/2010(GM-CPC)

BETWEEN:

The Commissioner of Income Tax

C R Building

Nandi Gudda Road

Attavara

Mangalore-575 001.

The Tax Recovery Officer

Govt. of India

Income Tax Department

No.4634/1, Shivaji Road

N R Mohalla, Mysore. ... PETITIONERS

(By Sri Sri E Sanmathi Indra Kumar, Adv)

AND:

I V Dayakara Rao S/o I V Rama Rao Chartered Accountant Karangalpady Kudmul Ranga Rao Road Mangalore-575 003.

Ramesh Achar S/o Adyar Narayana Achar Managing Partner M/s. Sharada Jewellery Mart Since dead rep. by

2 2a. Smt Girija W/o Late Ramesh Achar

2b. Vivek Adyar S/o Late Ramesh Achar

2c. Rajesh Adyar S/o Late Ramesh Achar

2d. Rekha

D/o Late Ramesh Achar

2e. Niranjan Adyar

S/o Late Ramesh Achar

All are residing at No.107 Subedar Chatram Road Bangalore-560 009.

….RESPONDENTS

(By Sri B L Acharya, Adv for R-1)

This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the order dated 23.06.2010 passed by the court of III Additional Senior Civil Judge, Mangalore, D.K., in Ex.Case.No.332/1987 vide Annexure-H.

This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:

O R D E R

The Member Secretary, District Legal Services Authority, Dakshina Kannada, Mangalore has addressed a letter to the Registrar General, High Court

3 of Karnataka dated 14.12.2015 informing that the matter has been settled and the parties have filed their joint memo.

Same is accepted. The concerned Court shall draw the decree in terms of the compromise entered into between the parties.

Writ petition is disposed of in terms of the Joint Memo filed.

Sd/- JUDGE Cs/-

Ct-Sg/-

THE COMMISSIONER OF INCOME TAX vs. I V DAYAKARA RAO

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