Karnataka High Court
Sri.Barinder Agarwal vs Dr.Talavane Krishna on 1 February, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI
WRIT PETITION NO.6526 OF 2021 (GM-CPC)
BETWEEN:
1. SRI. BARINDER AGARWAL
AGED ABOUT 50 YEARS
S/O LATE SHRI ATMARAM AGARWAL
2. SMT. RENUKA AGARWAL
AGED ABOUT 47 YEARS
WIFE OF BARINDER AGARWAL
BOTH ARE RESIDING AT NO.106
2ND FLOOR, SHAKTI VIHAR
PITAMPURA,
NEW DELHI-110 034
... PETITIONERS
(BY SRI. ADITYA SANDHI, SENIOR COUNSEL
FOR SRI. NEGLUR ARAVIND, ADVOCATE)
AND:
DR. TALAVANE KRISHNA
AGED ABOUT 73 YEARS
S/O LATE SRI T. THIMAPPAIAH
PROMOTER / FOUNDER / DIRECTOR
INDUS VALLEY AYURVEDIC CENTER PVT. LTD
RESIDENT OF TALAVANE FARM
LALITADRIPURA
MYSURU-570 010.
AND ALSO AT
FLAT NO.6024, SHOBHA DAHLIA
2
BELLANDUR VILLAGE
VARTHUR HOBLI
BENGALURU
... RESPONDENT
(BY SRI. AJAY RAO, ADV. FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD.03.03.2021 PASSED BY THE COURT OF II ADDITIONAL
DISTRICT JUDGE MYSURU IN COMMERCIAL O.S.NO.40/2020 ON
IA NO.24 FILED BY THE DEFENDANT UNDER ORDER VIII RULE
1AZ (3) READ WITH SECTION 151 AND READ WITH SECTION
65(A) AND 65(B) OF THE INDIAN EVIDENCE ACT WHICH IS AT
ANNEXURE-R TO THE PETITION CONSEQUENTLY AND ETC.,
THIS WRIT PETITION COMING ON FOR 'ORDERS' THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The parties have filed a joint memo stating that the petitioners and the respondent jointly submitted that they have entered into a memorandum of compromise petition dated 11.01.2022 settling the dispute involved in the suit. The compromise petition can be acted upon only if the interim order of stay issued by this Court is vacated. Further, the parties would adhere to the terms of the compromise in letter and spirit, the parties jointly pray to permit the petitioners to withdraw the present petition 3 reserving liberty to revive file the same, if the compromise does not fructify fully in the interest of justice.
2. The memo is placed on record.
The writ petition is disposed of in terms of the compromise.
Sd/-
JUDGE ssb