Writ petition under Article 226 challenged. Petitioners filed a memo disclosing an amicable settlement reached with the respondent outside this court. The petition was dismissed as withdrawn, reserving liberty to the respondent.
Petition dismissed as withdrawn. Liberty reserved to respondent.
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WP No.56655 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.56655 OF 2018 (GM-CPC)
BETWEEN:
BOTH ARE R/AT ‘ROSHANARA’ VENAKTESHWARA TALKIES ROAD, GANDHI NAGAR, KADURU CHIKKAMAGALURU DISTRICT- 577548
…PETITIONERS
(BY SRI. THUSHANATH C V., ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
SRI K. MANOHARA S/O LATE VIRUPAKSHAPPA AGED ABOUT 64 YEARS R/AT TAGORE ROAD, NYAMATHI TOWN, HONNALI TALUK DAVANGERE DISTRICT-583 137.
…RESPONDENT
(BY SRI. GAURAV G K, ADVOCATE; SMT. ANUSHA NANDISH & SRI H C SHANKAR., ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTUION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30TH NOVEMBER, 2018 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, KADURU IN EX. NO.32 OF 2017 VIDE ANNEXURE-F.
WP No.56655 of 2018
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Sri Thushanath C.V., the learned counsel for the petitioners; and Sri Gaurav G.K., learned counsel for the respondent.
“ MEMO
The above named petitioners subject that, the print taken out by e-Court app relating to settled the dispute amicably and the petitioners and respondent have filed a joint memo before learned Senior Civil Judge and JMFC, Kadur in Ex.No.32/2017 on 1.2.2023 for a sum of Rs.10,00,000/- (Rupees ten lakh only) the same is
WP No.56655 of 2018
herewith furnishing for kind perusal of this Hon’ble Court. Hence, this Memo. ”
Court. Learned counsel for the petitioners submits that the matter has been amicably settled by way of joint memo before the Execution Proceedings in Execution No.32 of 2017 on 01st February, 2023 for a sum of Rs.12.41 lakh, out of which Rs.10.00 was paid on 01st February, 2023 to the respondent. Since the respondent is not before the Court, and the Counsel for the respondent does not have instructions, however there is no denial of the statement made by the learned counsel for the petitioners. Learned counsel for the petitioners has filed the computer generated copy of the order sheet of the Execution Proceedings in Execution No.32 of 2017, which has recorded the compromise between the petitioner-Judgment Debtors and the respondent-Decree Holder before the Executing Court. It appears that parties have amicably settled the matter. Hence,
this petition does not survive consideration. The petitioner has accordingly filed a memo seeking withdrawal the petition. The memo reads as under:
WP No.56655 of 2018
“ Memo for withdrawal
The abovenamed petitioners/judgment debtors most respectfully submits as follows:
During the pendency of this writ petition, the petitioners/JDR and the Respondent/DHR have discussed with each other and settled the dispute amicably. In respect of this both have filed a joint memo before learned Senior Civil Judge and JMFC at Kadur in Ex.No.32/2017 on 1.2.2023 for a sum of Rs.10,00,000/- (Rupees ten lakh only) the same is given to the DHR/respondent as full and final settlement.
Hence, the abovenamed petitioners most respectfully pray that this Hon’ble Court may be pleased to consider this memo and permit to withdraw the petition as not pressed in the interest of equity. ”
the petitioner and the petitioners No.1 and 2 who are before the Court, this petition is dismissed as withdrawn in view of the memo filed by the petitioners, reserving liberty to the respondent. In view of the dismissal of the petition as withdrawn, pending applications, if any, do not survive consideration and the same are consigned to records.
SD/JUDGE
LNN
Sri Haray Fernandez and Ors.
Sri K. Manohara
Pradeep Singh Yerur
As recorded by the court registry
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