IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32314 OF 2017 (GM CPC) BETWEEN:
Smt. Thejashwini W/o Ningaraju Aged about 35 years, R/o Kote, Housing Board, Holenarasipura Town, Hassan District-573 211.
(By Sri. M. R. Patil, Advocate) AND:
Sri. V. Nagaraju, S/o Late Venkatashetty, Aged about 45 years, R/o Kikkerammanakothalu Extn., Kote, Holenarasipura, Hassan District-573 211.
… Petitioner … Respondent This Writ Petition is filed under Article 227 of the Constitution of India, praying to quash the impugned order dated 27.06.2017 passed in OS.No.84/2014 by the Civil Judge and JMFC, Holenarasipura vide Annexure-G and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. M.R. Patil, learned counsel for the petitioner.
Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. Heard the learned counsel for the petitioner on the question of admission.
3. In this petition under Article 227 of the Constitution of India, the petitioner has challenged the validity of the order dated 27.06.2017 passed by the Trial Court, by which the petitioner was directed to pay stamp duty and penalty.
4. When the matter was taken up today, learned counsel for the petitioner submitted that pursuant to the impugned order dated 27.06.2017, the trial Court on account of non-payment of stamp duty and penalty, has dismissed the suit. However, it is further submitted that parties have arrived at an amicable settlement.
5. Learned counsel for the petitioner submitted that petitioner be granted liberty to file an application before the trial Court seeking recall of the order of dismissal of the suit and to dispose of the suit as per the compromise arrived between the parties.
6. In view of the aforesaid submission and in the facts of the case, petition is disposed of. In case the petitioner files an application seeking recall of the order of dismissal of the civil suit, the trial Court shall allow the aforesaid application, shall record the compromise arrived between the parties and dispose of the suit as per the compromise arrived between the parties.
Sd/- JUDGE Mds/-