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2025 Supreme(Kar) 553
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA, J.
M/s. Ishtika Homes Private Limited - Appellant
Versus
M/s. SRM Builders and Developers - Respondent
Civil Revision Petition Nos. 48, 110 of 2025
Decided On : 06-06-2025
Important Points
The court permits the withdrawal of civil petitions when the parties have settled the matter out of court, emphasizing justice and equity.
Subject
Civil Law - Procedure
Headnote
(A) Civil Procedure Code - Withdrawal of Petition - Petitioners seek to withdraw their petitions as the matter has been settled out of court - The court permits the withdrawal of petitions in the interest of justice and equity. (Para 2)
Facts of the case:
The petitioners, M/s. Ishtika Homes Private Limited, sought to withdraw their civil revision petitions (Nos. 48, 110 of 2025) as a settlement was reached with the respondents, M/s. SRM Builders and Developers.
Findings of Court:
The court accepted the withdrawal request and disposed of the petitions accordingly.
Issues: The main issue addressed was whether to permit the withdrawal of the petitions based on an out-of-court settlement.
Ratio Decidendi: The court ruled that petitions can be withdrawn when the parties have reached a settlement, emphasizing the importance of justice and equity in such situations.
Result: Petitions disposed as withdrawn.
Facts of the case:
The petitioners, M/s. Ishtika Homes Private Limited, sought to withdraw their civil revision petitions (Nos. 48, 110 of 2025) as a settlement was reached with the respondents, M/s. SRM Builders and Developers.
Findings of Court:
The court accepted the withdrawal request and disposed of the petitions accordingly.
Issues: The main issue addressed was whether to permit the withdrawal of the petitions based on an out-of-court settlement.
Ratio Decidendi: The court ruled that petitions can be withdrawn when the parties have reached a settlement, emphasizing the importance of justice and equity in such situations.
Result: Petitions disposed as withdrawn.
Advocates:
Advocate Appeared:
For the Appellant : Vivekananda T.P.
For the Respondents: Akash V.J., Mahesh Arkalgud Srikanth, Tejas K.
Advocate Appeared:
For the Appellant : Vivekananda T.P.
For the Respondents: Akash V.J., Mahesh Arkalgud Srikanth, Tejas K.
| Table of Content |
|---|
| 1. withdrawal of petition due to settlement (Para 1) |
| 2. request for permission to withdraw (Para 2) |
ORDER :
1. Learned counsel for the petitioners files a memo seeking permission to withdraw the petitions.
2. The memo reads as follows:
“MEMO FOR WITHDRAWAL
The advocate for the above-named petitioners submits that they may kindly be permitted to withdraw this petition, as the lis is settled out of court and this Petition may kindly be disposed as withdrawn in the interest of justice and equity.”
In terms of the memo, the petitions are disposed as withdrawn.
