Writ petition under Article 226 seeking to quash execution orders in a specific performance matter was dismissed by the High Court of Karnataka as infructuous following a compounding and settlement recorded by the lower court.
Writ petition dismissed as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 12234 OF 2020 (GM-CPC)
BETWEEN:
M. KEMPAIAH S/O. LATE. MUNISWAMY, AGED ABOUT 53 YEARS, R/AT KANAMAHALLI VILLAGE, MUTHUR POST, DENKANIKOTE TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU- 635 114.
…PETITIONER
(BY SRI AKARSH KUMAR GOWDA, ADV. FOR SRI NARENDRA D.V. GOWDA, ADV.)
AND:
M.JYOTHIPRAKASAM SINCE DEAD BY HIS LRS,
Digitally SINCE DEAD BY HIS LRS, signed by PRAMILA G V SRI. SAI PRAKASH LEO MUTHU, Location: S/O. LATE. JOTHIPRAKASAM, HIGH AGED ABOUT 37 YEARS, COURT OF R/AT “SAI NIVAS”, NO.5/1, KARNATAKA 1ST MAIN ROAD, KALAIMAGAL NAGAR, EKKATTUTHANGAL, CHENNAI, TAMIL NADU 600032.
ALSO R/AT NO.21, 7TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BANGALORE-560011. …RESPONDENT (BY SRI V V GUNJAL, ADV. (VC))
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 01.02.2020 PASSED IN EX.PET.NO.1445/2018 ON THE FILE OF XX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-32) VIDE ANNEXURE-D AND QUASH THE ORDER DATED 24.02.2020 PASSED IN EX.PET.NO.1445/2018 ON THE FILE OF XX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-32) VIDE ANNEXURE-D1.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel Sri.Akarsh Kumar Gowda for Sri.Narendra D.V. Gowda, learned counsel for the petitioner and learned counsel Sri.V.V.Gunjal for respondent through video conference.
“1. The above matter arises out of the Execution petition where a specific performance as ordered the petitioner has filed AS No.5001/2018 before the II Additional District and Sessions Judge, Anekal. The parties mutually negotiated with the help of mediators and the said matter was referred to Lok Adalat and the compromises was recorded by the III Addl. District and Sessions Judge, Anekal on 09.09.2023.
2. The Respondent herein filed Execution Petition No.1445/2018 before the XX Addl. City Civil and Sessions Judge, Bangalore, CCH-32, and deposited the balance amount Rs.20,00,000/before the executing court, while recording compromise the Respondent has unconditionally consented that he has no objection for the Petitioner withdrawing the said amount deposited in Execution Petition No.1445/2018, that withdrawal can be proceeded with disposing of the writ petition as infructuous, which will enable the Petitioner to withdraw the amount, as an interim order is operating in the above matter.
3. Thus, in the light of the compromise the above writ petition has become infructuous and requires to be disposed of as such, in the interest of justice and equity.”
that the parties entered into compromise and the same was recorded by III Additional District and Sessions Judge, Anekal on 09.09.2023. Therefore, learned counsel for both the parties would submit that the present writ petition would no more survive for consideration.
NC: 2023:KHC:29031 WP No. 12234 of 2020
for the respondent and taking note of the submission of the learned counsel for the parties, the writ petition is
dismissed as having become infructuous.
Sd/JUDGE
MPK CT:bms List No.: 1 Sl No.: 60
M. Kempaiah
M. Jyothiprakasam
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
