IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.31755 OF 2017 (GM-CPC) BETWEEN:
Smt. Lakshmidevi, D/o Late Hanumanthaiah, Aged about 37 years, R/at No.3/1, Sondekoppa Village, Dasanapura Hobli, Bangalore North Taluk, Bangalore. ... Petitioner (By. Sri. K.R. Agnihotri, Advocate) AND:
Smt. Uma Bai, W/o Sri. Srinivasa Rao, Aged about 59 years, R/at No.15, 3rd Main, 3rd Cross, Vidyagiri Layout, Nagarabavi, Bangalore-560034. ... Respondent (By Sri.D.R.Ravishankar, Advocate) This writ petition is filed under Article 227 of Constitution of India, praying to setting aside the order dated 17/12/2016 in I.A.No.6 in O.S.No.265/2016 passed by the Principal Civil Judge & JMFC, Nelamangala produced at Annexure-J.
This petition is coming on for ‘preliminary hearing’ this day, the court made the following:
ORDER The petitioner/plaintiff filed the present writ petition for writ of certiorari setting aside the order dated 17/12/2016 in I.A.No.6 in O.S.No.265/2016 passed by the Principal Civil Judge & JMFC, Nelamangala produced at Annexure-J .
2. Learned counsel for both the parties have filed a joint memo which is duly signed by the petitioner and respondent in the open Court dated 14.03.2019 and they are duly identified by their respective counsel.
3. The joint memo filed by both the parties is reads thus:
“The petitioner and the respondents have settled the matter out of the Court and the petitioner being the plaintiff in O.S.No.93/2016 on the file of JMFC and Civil Judge, Nelamangala hereby withdraws the suit and undertakes not to stake any claim in respect of the schedule property or any part thereof and concedes to the ownership of the respondent herein.
Both parties pray that the writ petition be dismissed by further directing the trial court to dismiss the suit in O.S.No.93/2016 as settled out of the Court, in the ends of justice.”
4. In view of the joint memo filed, both the parties have agreed to settle the matter out of the Court and the petitioner being the plaintiff in O.S.No.93/2016 Principal Civil Judge & JMFC, Nelamangala prayed to withdraw the suit and undertakes not to stake any claim in respect of suit schedule property or any part thereof and concedes to the ownership of the respondent herein. Accordingly, both the parties pray to dismiss the petition.
5. In view of the above, writ petition stands dismissed. Consequently, O.S.No.93/2016 is withdrawn.
6. Both the parties are hereby directed to appear before the trial Court on the next date of hearing and the plaintiff shall file memo to withdraw the suit in terms of the joint memo filed before this Court.
Sd/-
JUDGE JS/-