S R Somu v. Smt C D Nalinakshi
Case brief
What is this about?
Attachment before judgment; recall of attachment order; Order XXXVIII Rule 8 read with Section 151 CPC; Article 227 writ petition; GM-CPC; High Court of Karnataka; Shivamogga; O.S.No.125/2017; suit for recovery of money; security of Rs.6,00,000/-; I.A.No.8/VIII by Defendant No.4; interim stay 17.12.2020; Karnataka Mediation Centre Special Mediation Drive; Joint Memo dated 07.08.2025; disposal in terms of mediation dated 18.08.2025; auction purchaser/impleading applicant Respondent No.5; demand draft Rs.3,60,000/-; no claim against Respondent No.5 on same cause of action; prosecution against Defendants 1 to 3 continues.
What did the court decide?
Writ petition disposed of in terms of the mediation dated 18.08.2025 pursuant to the Joint Memo dated 07.08.2025: Respondent No.5 (auction purchaser/impleading applicant) paid Rs.3,60,000/- to the petitioner/plaintiff by demand draft handed over before the Court; the petitioner is expressly barred from making any claim against Respondent No.5 on the same cause of action, while (per the settlement terms) remaining free to prosecute the suit against Defendants 1 to 3 before the trial court.