Court dismissed Section 482 application as infructuous due to amicable settlement concluded by mediation, observing no useful purpose in keeping proceedings alive.
Application stands dismissed; liberty granted to move restoration/recall application if matter survives.
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Court No. - 48
Case :- APPLICATION U/S 482 No. - 20344 of 2017
Applicant :- Aksheybar Mishra & 3 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Shikhar Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Case has been called out, but despite repeated calls none has appeared to press this application. Learned A.G.A. is present.
Perused the record.
It appears that in order to explore the possibility of an amicable settlement the matter was referred to the Mediation Centre. The report of the Mediation Centre reveals that the litigating parties have resolved to settle the matter amicably with mutual consent. It appears that because of the mutual settlement arrived at in between the parties the matter, in all probability, has been rendered infructuous. That seems to be the obvious reason why the matter is not being pursued any more in the right earnest. The Court is of the view that no useful purpose shall be served by keeping this application alive.
In aforesaid circumstances, the application stands dismissed.
It is observed that if at all the matter is surviving still, the applicants shall have the liberty to move restoration/recall application against the order of dismissal.
Order Date :- 18.9.2018 M. Kumar
Aksheybar Mishra
Karuna Nand Bajpayee
As recorded by the court registry
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