IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.48528/2017(GM-CPC) BETWEEN:
E. RAMAKRISHNAIAH, S/O LATE E.BHEEMAIAH, AGED ABOUT 58 YEARS, RESIDING AT NO.340/B, 1ST BLOCK, III STAGE, BASAVESHWARA NAGAR, BENGALURU-560079.
... PETITIONER (BY SRI SHRIDHARA K., ADVOCATE) AND:
SRI SHIVANNA, S/O SIDDAPPA, AGED ABOUT 43 YEARS, RESIDING AT NO.41/2, S.K.LANE, CHIKKA MAVALLI, BENGALURU-560004.
... RESPONDENT (BY SRI M. S. MANJANNA, ADVOCATE FOR C/R1) …… THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS ON MEMO DATED.28.9.2016 IN EX.CASE NO.2587/2015 ON THE FILE OF THE CITY CIVIL JUDGE AT BENGALURU CITY VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has filed the above writ petition seeking to set-aside the order on memo dated 28.09.2016 in Ex. Case No.2587/2015 on the file of the City Civil Judge, Bengaluru City (CCH-6).
2. Today, learned counsel for both the parties filed Joint Memo dated 11.12.2017 signed by both the parties and their respective advocates, which reads as under:
“The petitioner and the respondent humbly submit as follows:
1. The above named petitioner has filed this writ petition challenging the order dated 28.09.2016 passed by City Civil Judge (CCH- 06) at Bangalore City, in Ex.2587/2015, wherein the petitioner was directed to pay a sum of `39,000/- towards interest at the rate of 9% per annum.
2. That the parties have settled the matter amicably and agreed for the full and final settlement of `20,000/- (Rs. Twenty thousand).
3. That the petitioner herein is paying the agreed amount of `20,000/- to the respondent through the DD bearing No.022756 dated 11.12.2017 drawn on Nyayamitra Sahakara Bank Niyamitra, High Court Building (New Annexe), Ambedkar Veedhi, Bengaluru-560 001 and the respondent is ready to receive the said amount and respondent undertakes that he has no further claims whatsoever as against the petitioner, with respect to above petition.
WHEREFORE, it is prayed this Hon’ble Court may kindly be pleased to take this joint memo on record and pass the orders, in the interest of justice.
Sd/- Sd/-
Advocate for petitioner Petitioner Sd/- Sd/-
Advocate for respondent Respondent 3. On the query made by this Court, both petitioner and respondent who are present before the Court, in the presence of their counsel, acknowledge the settlement in terms of the joint memo. The same is recorded.
4. Accordingly, writ petition is disposed of, in terms of the joint memo.
Sd/- JUDGE kcm