IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.7057 OF 2018 (CPC) BETWEEN:
1. MR. MOHAMMED JAFFER.K S/O MR. KHALEEL AHMED AGED ABOUT 33 YEARS R/AT NO.232/4, HORAMAVU BENGALURU-560 043 2. MR. ZAKIR HUSSAIN.K S/O KHALEEL AHMED AGED ABOUT 35 YEARS R/AT 621, RAMA TENT ROAD KUSHAL NAGAR, K.G. HALLI NEAR SAJEEDIA MASJID BENGALURU-560 045 ... APPELLANTS (BY SRI. B. LETHIF, ADVOCATE) AND:
MR. JAYAKUMAR S/O G.SUBRAMANYAM AGED ABOUT 55 YEARS R/AT NO.76 MUNISWAMAPPA ROAD RAMASWAMYPALYAM BENGLAURU-560 033 ... RESPONDENT (BY SRI. G. PRASANTH, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 10.08.2018 ON I.A. NO.1 IN APPLICATION UNDER ORDER 39 RULES 1 & 2 ON THE FILE OF XXXV ADL. CITY CIVIL & SESSION JUDGE, BENGLAURU (CCH- 36) IN O.S.NO.1943/2018, CONSEQUENTLY, ALLOW THE APPLICATION UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Sri. Prashanth G., Advocate, has filed vakalath for the respondent.
Memorandum of compromise petition is filed by the appellants and respondent. The parties are present before the Court and have admitted the execution of memorandum of compromise petition under Order 23 Rule 3 of the Code of Civil Procedure and also its contents. The respondent has handed over two Demand Drafts and two Cheques detailed in the compromise memorandum, to the appellants and they have acknowledged the same.
Heard learned counsels for the appellants and respondent.
The miscellaneous first appeal is disposed of in terms of the compromise petition.
Sd/-
JUDGE SJ