IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR CIVIL REVISION PETITION NO.141 OF 2015 (SC) BETWEEN:
Sri.Prashanth Rai J Dead by his LR No.1(a) Akshatha P Rai, W/o Late Prashanth J Rai, Aged about 35 years, R/o Flat No.219, Elil Abode, Opp to More Mega Store Behind Neter Raga Apartment, Mahdevpura, Bengaluru – 560048.
…Petitioner (By Sri. Devi Prasad Shetty, Advocate) AND Nimesh Jain S/o not known to the petitioner, Aged in Major, # 157 Karthik Nagar, Marathalli, Bengaluru - 560037.
(By. Sri. Parina Lalla, Advocate for N.D.S Law Partners) … Respondent This Civil Revision Petition is filed under Section 18 of the Small Causes Courts Act against the judgment and decree dated 22.11.2014 passed in SC No.2783/2011 on the file of the XXII Additional Small Causes Judge and XX Additional Metropolitan Magistrate, Bengaluru (SCCH 24), dismissing the suit for recovery of money.
This Civil Revision Petition coming on for Admission this day, the court delivered the following:
J U D G M E N T Learned counsel for petitioner files a memo dated 13.12.2019 seeking withdrawal of the Revision Petition as the same is settled out of the Court. Memo reads as follows;
“The counsel for the petitioner most respectfully submits that as a gesture of goodwill and on humanitarian grounds, the respondent has on this day paid the legal representative of the Petitioner, Ms. Akshatha Rai, a sum of Rs.55,000/- (Rupees Fifty Thousand) vide Demand Draft No.042780 dated December 12, 2019 drawn on HDFC Bank, Richmond Road Branch in favour of Ms.Akshata Rai, towards full and final settlement of all claims of the petitioner against the Respondent.
In view of the above amicable resolution arrived at between the parties, the legal representative of the petitioner aforementioned has instructed the undersigned Counsel to withdraw the instant Petition. Accordingly, the above submission may be taken on record and the matter may be dismissed as withdrawn, in the interest of justice and equity.”
2. In view of the above said memo, the Civil Revision Petition is dismissed as withdrawn. The petitioner is also entitled to refund of the amount in accordance with Section 66 of the Karnataka Court Fees and Suit Valuation Act.
SD/- JUDGE NBM