ORDER

The petitioners are before this Court seeking quashment of the demand notices dated 05.02.2021 and 26.11.2021, issued by the respondent – Bank and a writ in the nature of mandamus to the respondents to consider the representations of the petitioners.

2. Learned counsel appearing for the parties in unison submit that the parties to the lis have arrived at settlement of the dispute on certain terms and conditions and file a compromise petition to that effect.

3. The compromise petition filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, reads as follows: “4. In the meanwhile, the Petitioners have approached this Hon’ble court and filed the above petition and the parties have agreed to settle the same, as per the terms mentioned below.

5. The Respondents submit that the present outstanding loan amount is Rs.29,10,820/- (Rupees Twenty Nine Lakh Ten Thousand Eight Hundred and Twenty Only) and in view of the loss of the original documents, the Respondents have agreed to compensate the Petitioners by reducing the loan amount and have agreed to receive the sum of Rs. 19,60,000/- (Rupees Nineteen Lakh and Sixty Thousand Only) towards full and final settlement for all present and future claims.

6. The Petitioners have this day paid the said sum Rs.19,60,000/- (Rupees Nineteen Lakh and Sixty Thousand Only) by way of Cheque bearing No. 596993, Dated: 19th April 2023, drawn on Canara Bank, Kolar Branch, Karnataka and the Respondents have received the same subject to realization, towards full and final settlement.

7. The Respondents have also agreed to bear all the necessary expenses towards registration of a Gift Deed in the Jurisdictional sub-registrar office, in respect of the aforesaid premises to be executed by the Petitioner No.1 in favour of Smt. Shanthala. K. R. W/O Keerthiraju and to get the Khata Transferred in her name in the concerned BBMP office.

8. The Respondents state that if there is any litigation due to fraud in the jurisdiction of Karnataka on the basis of loss of Original Sale Deed Dated 30-01-2010 and registered as document as No: 5161/09/10 in the office of the Sub-Registrar Bidarahalli, Bangalore, then the respondents undertake to bear the expense to settle the litigation subject to a maximum sum of Rs. 2,00,000/-

9. The Respondents undertake to give clear NOC to the Petitioners stating that entire loan amount with interests has been repaid by the Petitioners Fully, subject to realization of the aforesaid cheque issued this day before this Hon’ble Court.

10. The Respondents also undertake to handover the Original Title Deeds to the Petitioners or the Legal Heirs if traced in future.

11. The Petitioners withdraw all the allegations made against the Respondents in the writ petition and shall not have any further claim/s, under any law in any court against the Respondents once the Gift Deed is executed, subject to the petitioner making due payment of Rs. 19,60,000/-

12. The Parties state that they have not filed any other petitions, cases/suits, or complaint(s) with any of the statutory authorities, forum, and/ or courts and shall not, in future, file any suit, action, claim or complaint against each other in any court under any law on the said subject matter and issues settled under this compromise petition.

13. The Parties state that there is no collusion in bringing about this settlement, nor any impediment on them signing the compromise, further this compromise and settlement has not been obtained by force, fraud, or undue influence.

14. The Parties pray the honourable court to authenticate the Misplaced Photocopies of the documents with Court Seal and Signature with full sancity mentioned as original documents for future records of the Petitioners and the same may be incorporated in Gift Deed.”

In the light of the settlement arrived at between the parties in terms of the afore-quoted terms and conditions, I deem it appropriate to terminate the impugned demand notice dated proceedings in crime No.360/2010