IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.1765 OF 2018 BETWEEN:
A.Mohammed Ilyas, S/o. Late Anwar Hajee Ebrahim Aged about 43 years, No.22, Serpentine Street, Richmond Town, Bengaluru-560025.
…Appellant (By Sri. R.V.Naik, Advocate) AND:
1. A.Mohammed Fahim S/o. Late Anwar Hajee Ebrahim, Aged about 37 years, No.22, Serpentine Street, Richmond Town, Bengaluru-560025.
2. A.Mohammed Basheer, S/o. Late Anwar Hajee Ebrahim, Aged about 52 years, No.22, Serpentine Street, Richmond Town, Bengaluru-560025.
Also R/o. Apartment No.B1, Regency Heaven, Municipal No.11/3 (New No.11), Alexandria Street, Richmond Town, Bengaluru-560025.
... Respondents (By Smt. Kavitha Saldanha, Advocate for C/R1 and R2) This RFA is filed under Section 96 of CPC, 1908 against the judgment and decree dated 02.08.2018 passed in O.S.No.4388/2013 on the file of the VIII Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit for mandatory injunction.
This RFA coming on for admission, this day, the Court made the following:
ORDER Appellant’s counsel and the respondents’ counsel are present. Memo signed by the appellant and the respondents has been filed stating that the matter has been settled outside the Court between the parties. The settlement deed has come in to existence in view of the out of Court settlement. In the memo it is stated that the appeal does not survive in view of this settlement. Therefore appeal is dismissed as settled out of Court.
KMV/-
Sd/- JUDGE