Karnataka High Court
M/S Deluxe Roadlines Pvt Ltd vs Sri M A Krishna Murthy on 9 July, 2020
Bench: Alok Aradhe, Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY 2020
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
R.F.A. NO.93 OF 2020
BETWEEN:
M/S. DELUXE ROADLINES PVT. LTD.,
SHOP IN PROPERTY NO.136/17
NO.36, K.V. TEMPLE STREET
PSC LANE, BALEPET CIRCLE
BANGALORE-560053
BY ITS MANAGING DIRECTOR
SRI. KHUSHALCHAND D. SHAH.
... APPELLANT
(BY SRI. ANANTHA NARAYANA B.N. ADV.)
AND:
SRI. M.A. KRISHNA MURTHY
SINCE DECEASED BY HIS LRs.
1. SMT. M.K. SHANTHA
AGED ABOUT 61 YEARS
W/O LATE M.A. KRISHNA MURTHY.
2. M.K. ARVIND
AGED ABOUT 39 YEARS
S/O LATE M.A. KRISHNA MURTHY.
2
RESPONDENTS 1 & 2 ARE
R/AT. NO.77/1, K.R. ROAD
SURVEYOR STREET
BASAVANAGUDI
BANGALORE-560004.
3. SMT. RANJINI SHASHIDHAR
AGED ABOUT 34 YEARS
W/O SHASHIDHAR GAMPA
R/AT. NO.141, NIMI
3RD 'E' CROSS, 2ND MAIN
KASTHURINAGAR
BANGALORE-560043.
... RESPONDENTS
(BY SRI. A.N. GANGADHARAIAH, ADV.)
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THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 2.11.2019
PASSED IN O.S.NO.4854/2011 ON THE FILE OF THE XXXV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR EJECTMENT,
ARREARS OF RENT AND DAMAGES.
THIS R.F.A. COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.Anantha Narayana B.N., learned counsel for the appellant has appeared through video conference.
Mr.A.N.Gangadharaiah, learned counsel for the respondents has appeared through video conference. 3
2. Learned counsel for the parties jointly submit that the matter has been amicably settled between the parties outside the Court. It is pointed out that the joint memo regarding the terms of settlement has already been moved before this Court. It is further submitted by the learned counsel for the parties that in the execution proceedings, the appellant had deposited `1,82,000/- which may be disbursed in favour of Mr.M.K.Arvind.
3. In view of the aforesaid submission and taking into account that the matter is settled outside the Court, the matter is permitted to be withdrawn.
In the result, the appeal is dismissed as withdrawn.
Since the matter is settled outside the Court, the appellant shall be entitled for refund of Court fee. 4
It is further directed that Mr.M.K.Arvind shall be permitted to withdraw the amount deposited in the execution proceedings.
Sd/-
JUDGE Sd/-
JUDGE RV