IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL REVISION PETITION NO.277 OF 2017 BETWEEN:
1. Smt.Parimala Desai W/o Late P.R.Desai, Aged about 82 years, 2. Sri.Aravind Desai S/o Late P.R.Desai, Aged about 65 years, 3. Smt.Nalini Desai D/o Late P.R.Desai, Aged about 62 years, 4. Smt.Kamini Desai D/o Late P.R.Desai, Aged about 56 years, 5. Mrs.Mohini Desai D/o Late P.R.Desai, Aged about 54 years, 6. Sri.Anil Desai S/o Late P.R.Desai, Aged about 52 years, 1 to 6 are residing at No.6/6, Kumara Park Road, High Grounds, Shivananda Circle, Bengaluru – 560 001.
7. Adarsha Developers No.10, Vittal Mallya Road, Bengaluru – 560 001. Represented by its Partner Sri.B.M.Karunesh.
(By Sri.G.Ravishankar, Advocate for Sri.Vishwanath R.Hegde, Advocate) AND:
1. Sri.V.Govindappa S/o Venkatappa Aged about 61 years, 2. Smt.Kaveramma W/o Govindappa Aged about 51 years, 3. Sri.Mahesh.G S/o Govindappa Aged about 31 years, 4. Sri.G.Malaraj S/o Govindappa Aged about 33 years, 5. Smt.Gowri W/o G.Malaraj Aged about 29 years, All are residing at No.208, Sy.No.25/1, Opposite Sindhi College, Desai Compound, Kempapura, Hebbal, Bengaluru – 560 024.
(By Sri. G.Jairaj, Advocate) …..Petitioners ….Respondents This civil revision petition is filed under Section 115 of CPC against the order dated 28.04.2017 passed on I.A.No.2 in O.S.No.2215/2017 on the file of the XXXIII Additional City Civil and Sessions Judge, Bengaluru, dismissing the I.A.No.2 filed under Order VII Rule 11(a) and (d) read with Section 151 of CPC, for rejection of plaint.
This petition coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the petitioner has filed a memo seeking permission to withdraw the petition and submitted that the dispute which is the subject matter of the suit in O.S No.2215/2017 has been settled between the parties. As such, revision petition do not survive for consideration.
Considering the submission of the learned counsel, the memo is placed on record.
Accordingly, Civil Revision Petition is dismissed as withdrawn.
Sd/- JUDGE UN/HB*