IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD R.F.A. NO.172/2015 (PAR) BETWEEN:
1. ASHWIN S/O. L.V. PADMANABHA, AGED ABOUT 29 YEARS, REPRESENTED BY GPA HOLDER KUMARI APOORVA 2. KUM. APOORVA D/O. L.V. PADMANABHA, AGED ABOUT 22 YEARS, BOTH ARE RESIDING AT NO.851, SAI AYODHYA ENCLAVE, PURNAPRAGNA LAYOUT, BANGALORE – 560 061. ... APPELLANTS (BY MS. DEEPASHREE, ADVOCATE) AND:
1. L.V. PADMANABHA S/O. L.S. VASUDEVA MURTHY, AGED ABOUT 65 YEARS, RESIDING AT:
NO.851, SAI AYODHYA ENCLAVE, PURNAPRAGNA LAYOUT, BANGALORE – 560 061.
2. KARNATAKA STATE FINANCIAL CORPORATION NO.1/1, THIMMAIAH ROAD, NEAR CANT. RAILWAY STATION, BANGALORE – 560 052 REPRESENTED BY ITS MANAGING DIRECTOR.
3. SRI K.C. SHIVARAM S/O. D.K. CHIKKA THIMAIAH, AGED ABOUT 65 YEARS, RESIDING AT NO.507, 2ND CROSS, 6TH MAIN, 3RD BLOCK, 3RD STAGE, BASAVESHWARANAGAR, BANGALORE – 560 079. ... RESPONDENTS (BY R-1 – SERVED; SRI GURURAJ JOSHI, ADVOCATE FOR C/R-2; SRI K. RAVISHANKARA, ADVOCATE FOR SRI M.SHIVAPRAKASH, ADVOCATE FOR C/R-3) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 20.12.2014 PASSED IN O.S.NO.1793/2001 ON THE FILE OF I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE SUIT FOR DECLARATION AND PARTITION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
J U D G M E N T Learned counsel for the appellants submits that on account of settlement arrived at between the appellants and respondent No.3 out of Court and the appellants not having any claim as against respondent Nos.1 and 2, the appellants may be permitted to withdraw this appeal as there is a settlement entered into between the parties before the Bangalore Mediation Centre on 23/04/2019 and that the dispute between the parties has been settled. A joint memo is also filed in that regard, which is signed by appellant No.2 and she has further signed for and on behalf of appellant No.1 as his general power of attorney, as well as signed by respondent No.3.
2. The joint memo is taken on record.
3. The parties who have signed the joint memo are present before the Court and they have been identified by their respective counsel. They submit that they have no objection for the appeal being dismissed on account of the settlement arrived at between the parties through mediation.
4. Their submission is placed on record.
5. Learned counsel for the appellants further submits that they have no claim as against respondent Nos.2 and 3.
6. Submission is placed on record.
7. In the circumstances, the appeal is dismissed on account of settlement arrived at between the parties.
Sd/- JUDGE Sd/- JUDGE S*