IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.34280/2015 (GM-CPC) BETWEEN:
1. Smt. Aruna, W/o. Uttamchand, Aged about 51 years, 2. Sri Rajendra Kumar, S/o. Uttamchand, Aged about 34 years, Both are residing at 1st Cross, Bellary Road, Challakere, Chitradurga District – 577 522.
(By Smt. Spoorthy Hegde N., Advocate) AND:
1. Sri R.C.Jagadish, S/o. Sanna Chalamappa, Aged about 56 years, 2. Smt.Umadevi, W/o. Sri R.C.Jagadish, Aged about 47 years, 3. Sri J.Thippeswamy, …Petitioners S/o. R.C.Jagadish, Aged about 27 years, 4. Smt.J.Shail, W/o. Sri Baswaraj Chalumappa, Aged about 28 years, Resident of Shanthinagar, Challakere, Challakere Taluk, Chitradurga District – 577 522.
5. Kum.J. Shanthi, D/o. R.C.Jagadish, Aged about 19 years, Defendants No.1 to 3 and 5 are Agriculturists and residents of Renukapur, Thalak Hobli, Challakere Taluk, Chitradurga District – 577 522. (By Smt. Sarita Kulkarni, Advocate) ...Respondents This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the order dated 27.04.2015 passed by the Principal Civil Judge and JMFC, at Challakere, in the Ex.Case No.18 of 2014 vide Annexure-C.
This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R Joint Memo has been filed which is signed by the petitioner No.1 as well as petitioner No.2. Respondents are represented by their counsel who have signed the Joint Memo as per the understanding between the parties.
2. The respondents have agreed to pay a sum of Rs.3,80,000/- to the petitioners in cash in addition to the decreetal amount of Rs.4,71,925/- which has already been deposited before the trial Court in Execution No.18/2014 on the file of the Principal Civil Judge and JMFC, Challakere. The petitioners accepts the receipt of a sum of Rs.3,80,000/- in cash. The petitioners in terms of the Joint Memo are at liberty to withdraw the amount of Rs.4,71,925/- deposited before the Executing Court in Execution Petition No.18/2014. In terms of the Joint Memo, counsel on both the side submits that the dispute between the parties is settled.
4. It is further stated that the respondents have no objection for withdrawal of the amount of Rs.4,71,925/- deposited before the Executing Court in Execution No.18/2014.
5. It is also noted that the cancellation deed would be executed by the petitioners and in the absence of decree holder failing to execute the cancellation deed, the parties would proceed in terms of the joint memo.
Accordingly, the petition is disposed off requiring no adjudication of the impugned order while noticing the settlement as contained in the Joint Memo.
In the light of the disposal of the petition after noticing the contents of the Joint Memo, the pending I.A. require no further orders and are disposed off accordingly.
Sd/- JUDGE PN/-