The court disposed of a Miscellaneous First Appeal and a connected Writ Petition as having become infructuous due to an out-of-court settlement reached between the parties in the underlying suit.
The appeal and writ petition were disposed of as having become infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 7608 OF 2022 (CPC)
C/W
WRIT PETITION NO. 24857 OF 2022(KLR-RES)
IN MFA 7608/2022 BETWEEN:
(BY SRI. BHADRINATH R., ADVOCATE)
AND:
BOTH ARE R/AT NO.60/4 3RD MAIN, 4TH CROSS KSRTC LAYOUT UTTARAHALLI MAIN ROAD BENGALURU-560061. …RESPONDENTS
(BY SRI. H.N.BASAVARAJU., ADVOCATE FOR C/R1 AND R2)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED: 29.10.2022 PASSED ON IA NO.1 IN O.S.NO.4398/2022 ON THE FILE OF THE LXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH69), ALLOWING IA NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 READ WITH SECTION 151 OF CPC.
IN WP 24857/2022
BETWEEN:
SRI C SRINIVASA MURTHY AGED ABOUT 70 YEARS S/O LATE CHIKKANNA. R/AT NO.60/4, 3RD MAIN 4TH CROSS, KSRTC LAYOUT UTTARAHALLI MAIN ROAD BENGALURU-560061. …PETITIONER
(BY SRI.H.N.BASAVARAJU, ADVOCATE)
AND:
(BY SMT. M.V. ADITHI, AGA, FOR R1 TO R3: NOTICE TO R4 & R5 IS SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:25.07.2022 PASSED BY R1/ DEPUTY COMMISSIONER IN RP NO.229/2022 AS PER ANNEXURE K AND ETC.
THIS MFA AND WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant in MFA
No.7608/2022 submits that the parties have settled the
NC: 2023:KHC:41253 MFA No. 7608 of 2022 C/W WP No. 24857 of 2022
matter out of court in the suit. Hence, this appeal and the
writ petition do not survive for consideration.
as having become infructuous.
Sd/JUDGE
CM
List No.: 2 Sl No.: 3
1 provisions across 1 enactments
SRI C DHANPAL KRISHNA AGED ABOUT 58 YEARS S/O LATE H CHIKKANNA
SRI C THUKARAM MANJU AGED ABOUT 55 YEARS
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
