IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE B.VEERAPPA WRIT PETITION NO.51156/2016 (GM-CPC) C/W WRIT PETITION NO.47137/2016 In W.P.No.51156/2016 BETWEEN:
M/s.Vijaya & Rao, No.33, Meenakshi Koil Street, Shivajinagar, Bengaluru-560 051, Represented by its:
Proprietor: Mr.V.Muralidhar, S/o.Late.V.Narasimha Rao, Aged about 66 years by his GPA Holder, Mr.Mohammed Irfanulla Shariff, S/o.Mr.Mohammed, Rizwanulla Sharieff, Aged about 50 years. ...PETITIONER (By Sri.G.B.Manjunatha, Adv.) AND:
1. Mr.Mohammed Ali, S/o. Late. Kunchalavi, Aged about 47 years, R/at No.144, J 38, 1st Floor, V.R.Complex, O.K.Road, Kumbarpet, Bengaluru-560 002.
2. Mr.Chandra Babu, S/o.Late Satyanarayana Murthy, Aged about 56 years, 3. Mrs.Sangeetha, W/o.Late.T.S.Chandrakumar, Aged about 70 years, Both residing at No.183, Narayanapillai Street, Civil Station, Bengaluru-51.
4. Mr.Sameeulla, S/o. Late. Mohammed Jia Ullah, Aged about 44 years, R/at No.26, Meenakshi Koil Street, Bengaluru-560 051. ...RESPONDENTS (By Sri.Janardhana G. Adv. for R1; V/o dated 24.10.2016, notice to R2 to R4 is dispensed with) This Writ Petition is filed under Article 227 of the Constitution of India praying to quash or setting aside the impugned orders passed by the learned 3rd Addl. City Civil Judge at Bengaluru dated 17.03.2016 in O.S.No.7027/2012 on I.A.No.9, filed under Section 151 of CPC produced at Annexure-H.
In W.P.No.47137/2016 BETWEEN:
Sri.Mohammed Ali, Son of Kunchalavi Ali, Aged about 47 years, Doing business at:
Shop No.33, Shabana Traders, Meenakshi Koil Street, Bengaluru-560 051. ...PETITIONER (By Sri. Janardhana G., Adv.) AND:
1. Sri.Chandra Babu, Son of the late Sathanarayana Murthy, Aged about 54 years, 2. Smt.Sangeetha, Wife of the late T.S.Chandrakumar, Aged about 68 years, Both are residing at No.183, Narayanapillai Street, Civil Station, Bengaluru-560 051.
3. Sri.Sameeulla, S/o.The Late. Mohammed Jai Ullah, Aged about 42 years, Residing at No.26, Meenakshi Koil Street, Bengaluru-560 051.
4. M/s.Vijay & Rao, No.92, 3rd Main Road, Chamrajpet, Bengaluru-560 018.
Represented by its Proprietor, Sri.V.Muralidhar, Son of the late Narasimha Rao, Aged about 48 years, Represented by its Power of Attorney Holder, Sri.A.R.Satish Babu, Son of Late A.S.Ranganathan, Aged about 68 years, Residing at No.92, 3rd Main Road, Chamrajpet, Bengaluru-560 018. ...RESPONDENTS (By Sri.B.S.Satyanand, Adv. for R4; Vide Order dated 08.09.2016, notice to R1 to R3 is dispensed with) This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the order dated 20.08.2016 at Annex-G passed by III Addl. City Civil Judge, Bengaluru in O.S.No.7027/2012 in rejecting filing of rejoinder to the plaint to consequently rejecting I.A.11 for amendment of the plaint.
These Writ Petitions coming on for Orders, this day, the Court made the following:
ORDER Learned counsel for the parties have filed a joint memo duly signed by the petitioner and first respondent as well as their learned counsel, dated 03.04.2019 in W.P. No.51156/2016, submitting that the matter is settled out of Court and hence, the petition may be dismissed. Further, learned counsel for the petitioner has also filed another memo duly signed by the petitioner, dated 03.04.2019 in W.P. No.47137/2016 stating that the said petition may be dismissed as settled out of Court.
Both Memos are taken on record.
Writ Petitions are disposed of as having settled out of court.
Sd/- JUDGE sac*