High CourtsSingle Bench(2024) 04 KAR CK 0045

Govindareddy vs P. Suresha

Karnataka High Court · Decided on 25 April 2024

HON’BLE JUDGES
N S Sanjay Gowda, J
RESULT
Dismissed
CASE NUMBER
Civil Revision Petition No. 264 Of 2021 (IO)

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Judgment

11 paragraphs · 386 words

N S Sanjay Gowda, J

1.

Today, a compromise petition has been filed, wherein it is stated as follows:

“COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE, FILED ON BEHALF OF BOTH THE PARTIES

The above named parties humbly submit as under:

1.

The above mentioned CRP has been filed by the Petitioner against order passed by the Hon'ble Trial Court i.e., CCH - 73 at Bengaluru in O.S. No. 25300/2020 on I.A No. 2 wherein the application filed by the Petitioner for rejection of the Plaint under Order 7 Rule 11. Hence, the above Civil Revision Petition was filed.

2.

The Petitioner admits that the Respondent is the absolute owner, in possession and title of the plaint schedule mentioned property which is more fully described in the Plaint schedule.

3.

At the instances of elders and well-wishers of the both the parties the matter has been settled amicably outside the court on the following terms and condition.

4.

As per the terms of settlement arrived between the parties the Respondent has paid a sum of Rs. 25,00,000/- (Rupees Twenty Five Lakhs Only) to the Petitioner. The above said amount of Rs. 25,00,000/- (Rupees Twenty Five Lakhs) has been paid to the Petitioner through RTGS in the following manner: i) 16.01.2024 through RTGS No. PKGBH 240124016857144 of Rs. 9,00,000/-(Rupees Nine Lakhs Only) ii) 17.01.2024 RTGS No. PKGBH 24017863081 Rs. 9,00,000/- (Rupees Nine Lakhs Only) iii) 17.01.2024 RTGS No. PKGBH 4017863103 Rs. 7,00,000/- (Rupees Seven Lakhs Only) and same was acknowledged by the Petitioner.

5.

In view of the same above matter has been settled outside the court. In view of this, the Original Suit Proceedings which is pending before the Hon'ble Trial Court i.e., CCH-73 Mayo hall at Bengaluru both parties i.e., Petitioner and Respondent will file detail compromise Petition as stated above, and prayed for refund of the Court fee paid on the Plaint as well as seeking for return of original documents.

WHEREFORE this Hon'ble Court be pleased to accept the Compromise Petition and dismissed the present CRP as not press in the interest of justice and equity.”

2.

In view of the compromise petition, this revision shall stand dismissed and the Trial Court shall pass an order in terms of the compromise petition that has been filed now.