IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.7833/2015 (GM-DRT) BETWEEN 1. H.NAGAIAH, S/O H.CHANNABASAIAH, PRESENTLY AGED ABOUT 68 YEARS, 2. H.N.SURESHA, S/O H.NAGAIAH, PRESENTLY AGED 40 YEARS, 3. H.N.CHIDANANDA MURTHY, S/O H.NAGAIAH, PRESENTLY AGED 37 YEARS, ALL RESIDING AT HOLEBELAGALU VILLAGE, B.BEERANAHALLI POST, SHIVAMOGGA-577 201. ... PETITIONERS (By Sri. RAGHU PRASAD B.S, ADV.,) AND CANARA BANK, SHIVAMOGGA MAIN BRANCH, NEHRU ROAD, SHIVAMOGGA-577 201, REP. BY ITS MANAGER. ... RESPONDENT (By Sri. VENKATESH T. DESHPANDE, ADV., FOR Sri. V. HARIDAS BHAT, ADV.,) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-H DATED 5.1.2015 THE ORDER PASSED IN O.A.NO.748/12 AND PRODUCED AS ANNEXURE-H TO THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEAIRNG IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners in this writ petition have prayed for the following reliefs:
a) a writ of certiorari and quash Annexure-H dated 5.1.2015 of the order passed in O.A.No.748/2012 and produced as Annexure-H to the writ petition;
b) Issue such other writ or direction in the nature of the circumstances of the case;
c) Direct the respondent to pay costs of the writ petition.
2. Learned counsel for the respondent filed a memo dated 12.07.2019 stating that the dispute between the respondent – Bank and the petitioners has been settled by compromise and he submits that the petitioners have paid the amount due to the respondent - Bank.
3. The said submission is placed on record.
4. In view of the above, the writ petition is disposed off as having become infructuous.
5. However, it is made clear that, if the statement made by the learned counsel for the respondent–bank is false, it is always open for the petitioners to revive this order.
Sd/- JUDGE cp*