- 1 - NC: 2025:KHC:9947 WP No. 21193 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21193 OF 2019 (LB-BMP) BETWEEN: 1. SRI. N. VENKATESH S/O LATE A NARAYANAPPA, AGED ABOUT 65 YEARS, 2. SMT D VIJAYALAKSHMI W/O N VENKATESH, AGED ABOUT 56 YEARS, BOTH ARE RESIDING AT: NO.41, 1ST F MAIN, 8TH CROSS, 2ND PHASE, GIRINAGAR, BENGALURU - 560 085 … PETITIONERS (BY SRI. J.S. HALASHETTI., ADVOCATE AND SMT. NETRA S. BALIKAI, ADVOCATE) AND: 1. THE JOINT COMMISSIONER RAJARAJESHWARINAGAR REGION, BRUHAT BENGALURU MAHANAGARA PALIKE, 18TH CROSS, IDEAL HOMES, RAJARAJESHWARINAGAR, BENGALURU - 560 098 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9947 WP No. 21193 of 2019 2. ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE KENGERI SUB-DIVISION BENGALURU - 560 098. 3. RAVI AGARWAL AGE: MAJOR, R/AT NO.256, 2ND FLOOR, LRDE LAYOUT, KARTHIKNAGAR, 3RD CROSS, BENGALURU - 560 037 … RESPONDENTS (BY SRI. K.V. MOHAN KUMAR, ADVOCATE FOR R1 & R2; SRI P.B. AJITH, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD:16.2.2019 PASSED BY THE R-1 WHICH IS PRODUCED AS ANNEXURE-U AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the petitioners submits that the issue between the petitioners and respondent No.3 has been settled. Learned counsel for respondent No.3 has filed a memo in this regard, which reads as hereunder: "1. The undersigned counsel for the Respondent No.3 herein respectfully submits that - 3 - NC: 2025:KHC:9947 WP No. 21193 of 2019 the present Writ Petition is filed by the Petitioners seeking this Hon'ble Court to quash the order dated 16.02.2019 passed by the Respondent No.1 and directing the 1st and 2nd Defendant to restore the Katha in No. 62/1/61/A/10. 2. The Respondent No.3 submits that the Respondent No.3 herein and the Petitioners have entered into a compromise petition in O.S.No.5128/2018 on the file of the XXIII Additional City Civil and Sessions Judge at Bangalore (CCH-33) filed by the Respondent No.3 and his brother against the Petitioner seeking declaration and recovery of possession with respect to the same subject property in the petition herein and also seeking consequential relief that the sale deed dated 16.07.2014 and the Gift Deed dated 21.02.2017 in favour of the 1st and 2nd petitioner respectively as null and void and not binding on the Respondent No.3. 3. The Said suit in O.S.No.5128/2018 was decreed as per the terms of the compromise decree entered between the Petitioners and the Respondent No.3 vide decree dated 25.09.2024 and as per the terms of the Compromise Petition it was agreed by the petitioners that the Respondent No.3 is the absolute owner of the subject property herein and the aforesaid sale - 4 - NC: 2025:KHC:9947 WP No. 21193 of 2019 deed and Gift Deed in favour of the Petitioners as null and void and not binding on the Petitioners. 4. As per the terms of the compromise Petition and the decree drawn in O.S.No.5128/2018 the Sale Deed dated 16.07.2014 and the Gift Deed dated 21.02.2017 on which the Petitioners herein are claiming title to the subject property are declared as null and void. On 31.12.2024 these deeds were also cancelled by the Deputy Registrar, Court of the XXIII Addl. City Civil and Sessions Judge Bangalore (CCH-33) and in view of the said Cancellation deed dated 31.12.2024, the Respondent No.3 herein is declared as the absolute owner of the subject property. 5. Therefore, in view of the above circumstances, the Present Petition filed by the Petitioner seeking to quash the order dated 16.02.2019 passed by the 1st Respondent cancelling the Katha for the subject property in the name of the Petitioners and restoring the Katha in No.62/1/61/A/10 does not arise at all, and the Petition stands infructuous. Hence, pray this Hon'ble Court to dismiss the Petition as infructuous to serve the interest of justice and equity." - 5 - NC: 2025:KHC:9947 WP No. 21193 of 2019 2. Taking note of the memo filed by respondent No.3 and the submission made by the learned counsel for petitioners, petition is dismissed as not calling for adjudication in light of the settlement arrived at. The original records are directed to be returned after retaining Xerox copies of the same. Sd/- (S SUNIL DUTT YADAV) JUDGE VP