It is noticed that the Bangalore Mediation Centre

(B.M.C.) has forwarded the Memorandum of Settlement

entered into by the parties under Section 89 of C.P.C. read

with Rules 24 and 25 of the Karnataka Civil Procedure

(Mediation) Rules, 2005.

The

Mediation

Report

alongwith

the

Memorandum of Settlement are taken on record. The

same reads as hereunder:-

- 3 -

"MEMORANDUM

SETTLEMENT

UNDER

SECTION 89 OF C.P.C READ WITH RULES 24 AND

25 OF THE KARNATAKA CIVIL PROCEDURE

(MEDIATION) RULES, 2005.

I.

This Writ Petition is filed in the nature of

certiorari seeking to quash the impugned order of

dismissal of I.A.No.7 in O.S.No.5242/2016 dated

22.02.2021 passed by the Hon'ble LXXV Addl. City

Civil and Sessions Judge, CCH-76, at Bengaluru under

Order VI Rule 17 of CPC which came to be dismissed.

Challenging the said Order of the petitioners have

come before this Hon'ble Court.

II.

As stated above this writ arising out of an

I.A. in O.S.No.5242/2016 pending before CCH-76.

The said case is also been referred to Mediation and

parties herein have entered into an agreement on

11.10.2022 bifurcating their shares in A & B

schedules mentioned in O.S. matter amicably. Hence

this Writ Petition will not survive.

III.

In view of the aforesaid agreement

entered between the parties hereto, the Petitioners

and the respondents pray that this Hon'ble Court be

pleased to dispose of this petition as not pressed, in

terms of this agreement.

- 4 -

IV.

The Parties have agreed to appear before

the Hon'ble Court for reporting settlement and for

passing necessary orders in terms of the agreement."

3.

The parties have appeared before the B.M.C.

and the Memorandum of Settlement has been signed by

the parties and their respective learned Advocates.

4.

It is noticed that the present Writ Petition was

filed arising out of the order dated 22.02.2021 passed on

I.A.No.7 in O.S.No.5242/2016 pending on the file of LXXV

Addl. City Civil Judge and Sessions Judge, (CCH-76)

Bengaluru. The said case was referred for mediation and

the parties have entered into a settlement bifurcating their

shares in Schedule 'A' and Schedule 'B' properties

mentioned in the suit amicably. In view of the same, the

Memorandum of Settlement records an observation that

the

present

Writ

Petition

does

not

survive

for

consideration.

- 5 -

5.

Taking note of the Memorandum of Settlement

dated 11.10.2022 in O.S.No.5242/2016 entered into by

the parties before the B.M.C. and noticing that the present

Writ Petition arises out of an Interlocutory Application, i.e.

I.A.No.7, the Writ Petition is disposed off as not calling

for any adjudication in light of the Memorandum of

Settlement entered into by the parties.

Sd/-

JUDGE

VGR