IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 21115 OF 2019 (GM-CPC) BETWEEN:
1. SMT LAKSHMI JAGADEESH W/O LATE DR.B.S.JAGADEESH, AGED ABOUT 60 YEARS, 2. SMT K L ANASUYA W/O LATE K.S.THIMMAPPA GOWDA, AGED ABOUT 85 YEARS, BOTH ARE R/AT NO.C-201, PRAMUKH TEMPLE MIDOWS, 27TH CROSS, BANASHANKARI II STAGE, BANGALORE 560070 REP HER DAUGHTER & POWER OF ATTORNEY HOLDER SMT LAKSHMI JAGADEESH ... PETITIONERS (BY SRI. M SHIVAPRAKASH, ADVOCATE) AND:
M/S KIRTILAL KALIDAS JEWELLERS PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT HAVING ITS REGD OFFICE AT NO.601, RAJA STREET, COIMBATORE 641001 REP BY ITS GEN. MANAGER SRI R.RAGHUNATH.
... RESPONDENT (BY SRI. MOHAMED RIZWAN AHAMED, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.3094/2019 ON THE FILE OF CITY CIVIL COURT [CCH-15] AND QUASH THE IMPUGNED ORDER IN O.S.NO.3094/2019 DATED 27.4.2019 AT ANNEXURE-F AND CONSEQUENTLY TO DIRECT THE HON'BLE TRAIL COURT TO REFER THE MATTER FOR MEDIATION BY EXERCISING THE POWER U/SEC.89 OF THE CODE OF CIVIL PROCEDURE THIS PETITION COMING ON FOR PRELIMINMARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The lis in this writ petition and also in the Civil Suit in O.S.No.3094/2019 pending on the file of learned VIII Additional City Civil & Sessions Judge, Bengaluru, having been amicably settled between the parties with the intervention of friends and relatives, a compromise petition signed by both the parties and their respective counsel is filed.
2. The contents of the compromise petition having been perused, this Court is satisfied that the same is bonafide and in the best interest of the parties; there is no other impediment for disposing of this writ petition and also the suit in terms of the said compromise petition.
3. In the above circumstances, this writ petition and O.S.No.3094/2019 stand accordingly disposed off in terms of the compromise petition.
4. Since the lis is amicably settled before the stage of framing of issues, the petitioner-plaintiff is entitled to refund of entire amount paid by way of Court fee.
Ordered accordingly.
Sd/- JUDGE Snb/