Writ petition challenging an order on property disputes. Parties settled via Karnataka Mediation Centre leading to withdrawal. Petition disposed upon confirmation of settlement agreement terms.
Petition disposed of in terms of the settlement agreement arrived at between the parties through mediation.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 19254 OF 2024 (SC-ST)
BETWEEN:
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
ALL PETITIONERS ARE REPRESENTED BY THEIR SPECIAL POWER OF ATTORNEY HOLDER M/S CANARA HOUSING DEVELOPMENT COMPANY A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER
SRI A RAMAKRISHNA S/O ANJANEYACHAR AGED ABOUT 46 YEARS HAVING OFFICE AT NO. 10/1 LAKSHMIANARAYANA COMPLEX GROUND FLOOR, PALACE ROAD BENGALURU - 560 001.
…PETITIONERS
(BY SRI. ABHISHEK PATIL.,ADVOCATE)
AND:
NC: 2024:KHC:39686 WP No. 19254 of 2024
AGED ABOUT 73 YEARS RESIDING AT NO. 1151, 11TH MAIN RPC LAYOUT, VIJAYANAGAR, BANGALORE - 560 040.
…RESPONDENTS
(BY SRI.G.S.ARUNA, HCGP., FOR R1 & R2 : SRI. CHANDAN, ADVOCATE FOR C/R6: NOTICE R3 T0 R5 ARE DISPENSED WITH V/O DATED:25.09.2.024)
THIS WRIT PETITION IS FILED ARTICLES 226 AND 227 AND OF THE CONSTITUTION ON INDIA TO PRAYING TO A) QUASH THE ORDER DATED 20/02/2023 PASSED IN LND SC/ST (A) 23/2022 BY THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT I.E. THE R1 WHICH IS ANNEXED AS ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
matter to the Karnataka Mediation Centre, Bengaluru. The
parties have settled the matter before the Mediation
Centre. The report has been placed before this Court.
Terms of Settlement
1. That, with an intention to put quietus to the disputes between the Petitioners and Respondent No.6, the Petitioners have entered into a registered Confirmation Deed dated 19/03/2024 bearing document No. DNH-1-18810-2023-24, before the office of Sub- Registrar, Devanahalli with the Respondent No.6 (hereinafter referred to as "Confirmation Deed"). That, vide, aforesaid Confirmation Deed, the Petitioners have confirmed the following Sale transactions with respect to Schedule Property:
a. Sale Deed dated 30/01/1995 executed in favour of Respondent No.3, bearing Document No.2517/94-95, Book I, Volume 1558, Pages
151-153, in the office of the Sub-Registrar Devanahalli.
b. Sale Deed dated 10/07/1996 executed by the 3rd respondent in favour of Respondent No.4, bearing Document No.1283/1996-97, Book I, Volume 1674, Pages 76-79, in the office of the Sub-Registrar Devanahalli.
C. Sale Deed dated 13/09/2007 executed by the Respondent No.4 in favour of Respondent No.6 bearing Document No. DNH-103397/2007-08, stored in CD No. DNHD136, in the office of Sub-Registrar, Devanahalli. d. Sale Deed dated 17/04/1996 had been executed by by the sons of the original grantee Kenchappa, Chikkanarasimaiah (wife and children are petitioners herein) Munishamappa alias Muninarasimaiah, in favour of the Respondent No.5 bearing Document No. 525/1996-97, Book I, Volume 1658, Pages 209-213, in the office of Sub-Registrar, Devanahalli. The confirmation deed has been signed to by the grand children of the original grantee.
e. Sale Deed dated 25/07/2007 executed by the Respondent No.5 in favour of Respondent
No.6 bearing Document No. DNH-103250/2007-08 dated 07/09/2007 stored in CD No.DNHD136.
2. That the Petitioners confirm that they shall be bound by the terms, conditions and contents of the aforesaid registered Sale Deeds.
3. That, the Petitioner No.1 hereby confirms receipt of Rs. 20,000/- (Rupees Twenty Thousand only)by way of Cheque bearing No.000134 dated 15/03/2024, drawn on Kotak Mahindra Bank, Malleshwaram Branch, Bangalore from Respondent No.6 towards full and final settlement of disputes between the Petitioners and Respondent No.6.
4. That, the Petitioner No.2 hereby confirms receipt of Rs. 25,000/- (Rupees Twenty Five Thousand only) by way of Cheque bearing No.000128 dated 15/03/2024, drawn on Kotak Mahindra Bank, Malleshwaram Branch, Bangalore from Respondent No.6 towards full and final settlement of disputes between the Petitioners and Respondent No.6.
5. Petitioner No.3 hereby confirms receipt of Rs. 1,90,000/- (Rupees One Lakh Ninety Thousand only) and Rs. 5,00,000/- (Rupees Five Lakh only) by way of Cheques bearing Nos. 000139 and 000140 dated 15/03/2024, drawn on Kotak Mahindra Bank,
Malleshwaram Branch, Bangalore from Respondent No.6 towards full and final settlement of disputes between the Petitioners and Respondent No.6.
6. Petitioner No.4 hereby confirms receipt of Rs. 25,000/- (Rupees Twenty Five Thousand only) by way of Cheque bearing No.000130 dated 15/03/2024, drawn on Kotak Mahindra Bank, Malleshwaram Branch, Bangalore from Respondent No.6 towards full and final settlement of disputes between the Petitioners and Respondent No.6.
7. The Petitioners and Respondent No.6 confirm that the aforesaid terms of settlement has been entered into out of their free will, volition and there is no undue influence or duress. Both parties agree that the Deed of confirmation dated: 09.03.2024 be a part of this agreement. SPA of the petitioners in favour of Sri. A Ramakrishna is attached.
SCHEDULE PROPERTY
All that piece and parcel of land bearing Sy. No. 117/2measuring 3 Acres 6 Guntas situated at Bidalur Village, KasabaHobli, Devanahalli Taluk and bounded on:
East by : Sy. No.116 (Dinesh Bhandari) West by : Property belonging to BommanavaraAswathappa
North by : Sy. No.117/3 (Narayanappa) South by : Narasimhaiah's property
II. That the Parties submit that, in view of the aforesaid terms of settlement arrived at between them the Hon'ble Court may be pleased to pass appropriate orders disposing of the writ petition as settled.
III. Parties will appear before the Hon'ble Court for passing orders in terms of the settlement/ agreement.
Sd/(H.T. NARENDRA PRASAD) JUDGE
HA
List No.: 1 Sl No.: 44
Smt Kenchamma
Smt Nagarathna
Sri Madhu
Smt Ranjitha
The Deputy Commissioner Bangalore Rural District
M/s MSK Holdings
H.T. Narendra Prasad
As recorded by the court registry
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