Mrs. Dilbar Hussain vs Sri. P. Narasimhachari
2023 Latest Caselaw 5409 Kant

                                                 -1-
                                                         NC: 2023:KHC:27941-DB
                                                            MFA No. 1353 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 8TH DAY OF AUGUST, 2023

                                             PRESENT
                              THE HON'BLE MR JUSTICE G.NARENDAR
                                                AND
                           THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                       MISCELLANEOUS FIRST APPEAL NO.1353 OF 2023 (AA)
                      BETWEEN:
                      MRS. DILBAR HUSSAIN
                      AGED ABOUT 61 YEARS,
                      W/O MR. GULAM HUSSAIN
                      FLAT NO. 102,
                      CHARAN HABITAT APARTMENT
                      NO. 24, OFF BELLARY ROAD,
                      BENGALURU
                                                                    ...APPELLANT
                      (BY SMT. SREEJA N. ADV. FOR
                           SRI. SARAVANA S., ADVOCATE)
                      AND:

Digitally signed by   1.    SRI. P. NARASIMHACHARI
MARKONAHALLI                AGED ABOUT 69 YEARS,
RAMU PRIYA
Location: HIGH              S/O LATE SRI. KONAIAH
COURT OF                    R/AT CHEJARLA MANDAL
KARNATAKA
                            NELLORE
                            ANDHRA PRADESH 524 003.

                      2.    M/S. CHARAN HOMES PVT. LTD.
                            COMPANY INCORPORATED UNDER THE INDIAN
                            COMPANIES ACT, 1956
                            HAVING ITS OFFICE AT NO. 11
                            80 FEET ROAD, HMT LAYOUT,
                            R T NAGAR, BENGLAURU 560 032
                                                             ...RESPONDENTS
                      (BY SRI. NARASI REDDY G., ADVOCATE)
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                                          NC: 2023:KHC:27941-DB
                                            MFA No. 1353 of 2023




        THIS MFA IS FILED U/S.37(1)(c) OF THE ARBITRATION
AND CONCILIATION ACT, 1996, PRAYING TO SET ASIDE THE
ORDER        DT.17.07.2012     INSTITUTED     IN   ARBITRATION
PROCEEDINGS IN ARBITRATION CASE ARISING OUT OF CMP
NO.09/2011 AND TO SET ASIDE THE ORDER DT.27.04.2015
PASSED IN A.S.NO.25004/2012 ON THE FILE OF THE IV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL
UNIT,        BENGALURU,       (CCH-21),      DISMISSING      THE
PETITION/SUIT FILED U/S. 34 OF THE ARBITRATION AND
CONCILIATION ACT, 1996.

        THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:

                             JUDGMENT

Learned counsel for the appellant has filed a memo

dated 08.08.2023 praying to withdraw the appeal as the

matter has been settled between the parties before the

trial Court.

2. The said memo reads as under:

"The undersigned counsel herewith submits that this Hon'ble Court may be pleased to permit the appellant to withdraw the above appeal, as the matter has been settled before the trail court between the parties through court in terms of the compromise petition

NC: 2023:KHC:27941-DB MFA No. 1353 of 2023

attached herewith in Ex.P.2238/2012 dt.27.07.2023 (CCH-38). The memo may be taken on record in the interest of justice."

3. The memo is taken on record.

4. Accordingly, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE

BSR