IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 58340 OF 2016 (GM-CPC) BETWEEN:
1. SRI G R NAGARAJ S/O LATE G RATHNAIAH SHETTY AGED ABOUT 55 YEARS R/AT NO 29 (OLD NO 12), 17TH CROSS, SIDDASHRAMA MAIN ROAD, RANGANATHAPURA MALLESHWARAM BANGALORE - 560003 2. SRI G R NARAYANSWAMY S/O LATE G RATHNAIAH SHETTY AGED ABOUT 53 YEARS R/A NO 29, OLD NO 12, 17TH CROSS, SIDDASHRAMA MAIN ROAD, RANGANATHAPURA MALLESHWARAM BANGALORE - 560003 (BY SRI. K V NARASIMHAN, ADVOCATE) AND:
SRI G R ASHOK KUMAR S/O LATE G RATHNAIAH SHETTY AGED ABOUT 54 YEARS R/AT NO 29(OLD NO 12), 17TH CROSS, SIDDASHRAMA MAIN ROAD, RANGANATHAPURA, MALLESHWARAM BANGALORE - 560003 (BY SRI. DR S NAGARAJ, ADVOCATE) … PETITIONERS … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEX-G DATED 16.08.2016 PASSED BY V ADDL. CITY CIVIL JUDGE BANGALORE IN FDP NO.159/2013.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This matter having been heard the parties on request of the Court have come and participated in the auction that is held in the open Court, parties inter se. With the active involvement of the learned counsel on either side in terms of auction, the lis in the writ petition has been settled and to that effect a Joint Memo dated 31.07.2019 signed by parties and their respective counsel is also filed.
2. The Joint Memo reads as under:
“ The parties beg to submit as under:
1. The above petition have been filed by the petitioners calling in question the order dated 16/8/2016 passed by the learned V Addl. City Civil Judge at Bangalore in FDP No.159/2013 at Annexure-G.
2. As per the preliminary decree, passed in O.S.No.7466/2010, each of the parties are entitled to 1/3rd share in the suit property. The suit property since admeasures 2000 square feet, each of the parties are entitled to 66.66 square feet.
3. Today in the auction conducted before this Hon’ble court, inter se the parties, the petitioners have made the highest bid to purchase the share of the Respondent i.e., 1/3rd share in the suit property at rate of Rs.15,000/- per square feet. As such, they are liable to pay a sum of Rs.1,00,00,000/- (Rs. One Crore only). They shall pay the said sum of Rs.1,00,00,000/- (Rs. One Crore only) to the Respondent within 3 months from today.
4. In case, the petitioners fail to pay the said sum of Rs.1,00,00,000/- (Rs. One Crore only) to Respondent within aforesaid three months as per clause 3 supra, the bid of the Respondent to purchase the share of the petitioners herein at the rate of Rs.14,000/- per square feet shall come into effect. In such situation, the Respondent shall pay a sum of Rs.93,33,240/- (Rupees Ninety Three Lakhs Thirty Three Thousand Two Hundred and Forty Only) to each of the petitioners within three months from thereon.
5. In case, the Respondent herein fails to comply the condition in clause 4 supra, the impugned order passed by the trial court shall revive and the sale of the suit property shall take place by public auction.
6. This understanding arrived at between the parties shall bind the legal heirs/representatives of the parties to this petition and also all such other persons claiming under/through them.
Wherefore, it is prayed that this Hon’ble court be pleased to take the same on record and dispose the above petition in the above terms, in the interest of justice and equity.”
In the above circumstances, the writ petition stands disposed off.
This Court places on record its appreciation of the great service done by the learned counsel on both the sides.
Sd/- JUDGE Bsv