IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITON No.14053 OF 2019 (GM-CPC) BETWEEN:
SRI FAIROZ S/O.ABDUL RAWOOF AGED ABOUT 44 YEARS R/AT NO.E-14, CHINNAPPA K.S.BYSANDRA BANGALORE … PETITIONER (BY SRI S.SHIVAMURTHY, ADVOCATE) AND:
SMT.MOSHINA BEGUM W/O.SHAFI ULLA BAIG A. AGED ABOUT 47 YEARS R/AT NO.30, NEW PATNOOLPET KALASIPALYAM BANGALORE-560 002 … RESPONDENT (BY SRI P.S.RAJENDRA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 09.03.2019 (ANNEXURE-A) PASSED BY THE COURT OF LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN O.S.NO.730/2019 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Both the learned Counsel having argued the matter for some time and later having successfully worked out an amicable settlement, have filed a Joint Memo dated 16.07.2019, bearing the signatures of the parties present in the Court.
2. The Court interacted with both the parties who admit that they have signed this bona fide settlement. There is no impediment for disposal of this writ petition in terms of the said Joint Memo and to vary the impugned order, to that extent.
2. The said Joint Memo reads as under:
“The Petitioner and Respondent have jointly agreed to settle the above petition on the following term and conditions:-
1. The Respondent has agreed to pay today a sum of Rs.1,00,000/- (Rupees one Lakh) vide Demand Draft No.103782 dated 08.07.2019 drawn on Karur Vysya Bank, in favour of the petitioner the receipt of which the petitioner herewith acknowledges the same in terms of the compromise entered between them.
2. The Petitioner has agreed withdraw the above petition.
3. The petitioner has agreed to re-enter into the premises as new tenant by paying an advance of Rs.10,00,000/- (Rupees Ten Lakhs Only) and an monthly rent of Rs.9,000/- (Rupees Nine Thousand only) for which the Respondent has agreed and also agreed to enter into an fresh Lease Agreement.
4. The petitioner has further agreed to direct the Court below to refund the amount kept in deposit in O.S.No.730/2019 to the plaintiff which shall be adjusted towards the advance by the respondent and the respondent has agreed for the same.
5. Both the parties have entered into this compromise on the advice and intervention of Advocates, Well wishers and also mediators.
6. Both the parities in the above case have agreed to abide to the terms of this joint memo without giving option for further litigation.
Wherefore, both the parties to this joint memo pray that this Hon’ble Court be pleased to take this Memo on record and permit the petitioner to withdraw the above petition dismiss the same as withdrawn.”
In the above circumstances, the writ petition is disposed off accordingly.
Sd/- JUDGE KTY