IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.3455 OF 2019 (GM-CPC) BETWEEN:
Mrs. Sunita Desai, Wife of Mr. Deep Desai, Aged about 57 years, Residing at “Sri Jayanti”, No.28 (Old No.7), Race Course Road, Bengaluru-560 001. ... PETITIONER (By Sri Ajesh Kumar S. for M/s. AKS Law Associates, Advs.) And:
1. Mrs. Ila Desai, Wife of Late Mr.Krishnakant C.Desai, Aged about 91 years, 2. Mr.Deep Desai, Son of late Mr.Dinesh N.Desai, Aged about 55 years, 3. Mr.Hriday Desai, Son of Mr.Deep Desai, Aged about 28 years, 1 to 3 are residing at: “Sri Jayanti”, No.28 (Old No.7), Race Course Road, Bengaluru-560 001.
4. Mr.Amar Desai, Son of Mr.Surendra C.Desai, Aged about 79 years, Residing at No.9, Pavlova, No.10, Little Gibbs Road, Malabor Hill, Mumbai-400 066.
5. Ms. Rohini D.Desai, Wife of (late) Dinesh N.Desai, Aged about 84 years, 6. Mr.Hem Desai, Son of Dinesh N.Desai, Aged about 59 years, 5 & 6 Residing at: No.61, Love Samast Brahma Kshatriya Society, Ahmadabad-380 007. …RESPONDENTS (By Sri.P.B.Appaiah, Adv., for R1; Ms. Chetana, Adv., for R2) This Writ Petition is filed under Article 227 of the Constitution of India praying to take on record the memo of compromise petition dated 21.12.2018 filed under Order XXIII Rule 3 of Code of Civil Procedure filed in O.S.No.5292/2017 read with family settlement deed dated 22.11.2018 as per Annexures - A and G respectively and transmit the same to the Court below, by directing the Court below to delete the names of defendants 3 to 6 namely, Hriday Desai, Amar Desai, Rohini Desai and Hem Desai in view of memo dated 05.12.2018 as per Annexure- K and dispose of the suit in terms of the compromise petition dated 21.12.2018 as per Annexure-A.
This petition coming on for Orders this day, the Court made the following:
O R D E R This writ petition is filed praying to direct the Trial Court to dispose of O.S. No.5292/2017 in terms of the compromise petition dated 21.12.2018 as per Annexure-A.
Learned counsel for the petitioner has filed a memo dated 04.02.2019 seeking withdrawal of the writ petition in view of the compromise entered between the parties in O.S. No.5292/2017.
In view of the aforesaid, writ petition stands dismissed as having rendered infructuous.
sac* Sd/- JUDGE