- 1 - NC: 2025:KHC:17145 WP No. 9582 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9582 OF 2025 (GM-CPC) BETWEEN: SPACE EMPLOYEES CO OPERATIVE HOUSING SOCIETY LIMITED A SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 HAVING ITS REGISTERED OFFICE AT ISRO SATELLITE CENTRE, OLD AIRPORT ROAD BENGALURU-560017. REP. BY ITS PRESIDENT SRI. VENKATESWARA RAO C.H. AGED ABOUT 57 YEARS S/O. SRI.C.H.PANDURANGA RAO. …PETITIONER (BY SRI. ABHINAV RAMANAND A., ADVOCATE) AND: 1. SRI. RATAN AGED ABOUT 30 YEARS S/O. LATE. V. VIDYASAGAR 2. SMT. USHA S AGED ABOUT 55 YEARS W/O SRI.V.VIDYASAGAR BOTH ARE RESIDING AT PARVATHIAMMA BUILDING AND LAYOUT THINDLU, VIDYARAYAPURA POST BENGALURU-560 097. …RESPONDENTS (BY SRI.RAJESWARA P N., ADVOCATE FOR R1 & R2) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17145 WP No. 9582 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.03.2025 PASSED BY THE LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-88) IN COM. EX. NO.499/2023 AT ANNEXURE-L 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 H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the decree-holder, challenging the order dated 20.03.2025 passed by the LXXXVII Additional City Civil and Sessions Judge, Commercial Court, (CCH-88), Bengaluru in Com.Ex.No.499/2023, whereby arrest notice has been issued again the President, Vice President and Directors of the decree-holder Society. 2. After service of notice in this matter, the parties have agreed for a settlement and they have filed a joint memo before this Court. The same is taken on record. 3. The parties are present before the Court and submit that they have agreed for the compromise, without - 3 - NC: 2025:KHC:17145 WP No. 9582 of 2025 any volition or duress from anybody. They have been identified by their respective counsel. 4. The joint memo is extracted below: “JOINT MEMO The parties to the above petition submit as follows: 1. On 01/03/2025, the Respondents have deposited a sum of Rs. 15,54,93,200/- (Rupees Fifteen Crores Fifty Four Lakhs Ninety Three Thousand Two Hundred Only) before the Hon'ble Commercial Court (CCH 88) towards full satisfaction of the award passed in A.C. No. 2/2009. 2. The Petitioner has handed over the following documents to the Respondents today before this Hon'ble Court. I. Documents pertaining to Sy.No.12, measuring 4 Acres & 14 guntas of K.G. Srinivasapura Village, Kasaba Hobli, Nelamanagala Taluk, Bengaluru Rural District (File No.1) a) Original Sale Deed dated 16.07.2007 registered on 18.07.2007 executed by R. Venkatesh in favour of V. Vidyasagar registered as document No.NMG-1- - 4 - NC: 2025:KHC:17145 WP No. 9582 of 2025 02919/2007-08 in the office of the Sub-registrar. Nelamangala. b) Original Sale Deed dated 21.07.1995 executed by K.S. Ramesh in favour of Narpatraj registered as document No.1046/1995-96 registered in the office of the Sub-registrar, Nelamangala. c) Original Sale Deed dated 21.04.2005 executed by Narpatraj in favour of R. Venkatesh registered as document No.NMG-1-00454/2005-06 registered in the office of Sub-registrar, Nelamangala. d) Tax Demand Register for the year 2006-07. e) House Tax Assessment for the year 2006-07. f) Original Memorandum of Deposit of Title Deeds/Letter executed by JDRs in favour of DHR (Security Deed). II. Documents pertaining to Sy.No.13, measuring 4 acres 17 guntas of K.G. Srinivasapura Village, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District (File No.2) a) Original Sale Deed dated 17.12.2007 registered on 18.12.2007 executed by R. Venkatesh in favour of V. Vidyasagar & Dr. Usha S registered as document No.6375/2007-08 in the office of the Sub-Registrar, Nelamangala. b) Conversion Certificate dated 30.11.1993. - 5 - NC: 2025:KHC:17145 WP No. 9582 of 2025 c) Original Sale Deed dated 21.07.1995 executed by K.S. Ramesh in favour of Bhimraj registered as document No.1045/1995-96 in the office of the Sub- Registrar, Nelamangala. d) Original Sale Deed dated 21.04.2005 executed by Bhimraj in favour of R. Venkatesh registered as document No.NMG-1-0045/2005-06 in the office of the Sub-Registrar, Nelamangala. e) Extract of Demand Register and House List. f) Encumbrance Certificate, with respect to Sy.No. 31/3. g) Original Memorandum of Deposit of Title Deeds/Letter executed by JDRs in favour of DHR (Security Deed). III. Documents Pertaining to Sy.No.31/2 measuring 1 Acre 15 guntas, 31/3 measuring 2 acres 19 guntas & 33/1 measuring 1 acre 7 guntas of Bethanagere Village, Dasanapura Hobli, Bengaluru Taluk, Bangalore Rural District (File No.3) a) Original Sale Deed dated 16.01.2008 executed by H. Mukthiar Khan in favour of V. Vidyasagar & Dr. Usha S, registered as document No.2433/2007-08 in the office of the Sub-registrar Madanayakanahal, Bengaluru. - 6 - NC: 2025:KHC:17145 WP No. 9582 of 2025 b) Original Sale Deed dated 16.01.2008 executed by H. Mukthiar Khan in favour of V. Vidyasagar & Dr. Usha S, registered as document No.2432/2007-08 in the office of the Sub-registrar, Madanayakanahalli, Bengaluru. c) Original Sale Deed dated 21.05.2004 executed by N. Murthy in favour of H. Mukthiar Khan registered as document No.7173/2004-05 in the office of the Senior Sub-Registrar, Bengaluru North Taluk, Bengaluru. d) Original Memorandum of Deposit of Title Deeds/Letters executed by JDRs in favour of DHR (Security Deed)- 2 in Nos. e) Original Sale Deed dated 28.04.1995 duly registered as document No.4689/1995-96 in the office of Sub-registrar, Bengaluru North Taluk executed by T. Muniyappa and T. Galihanumaiah in favour of S.T. Anand. f) Original Sale Deed dated 14.10.1999 duly registered as Document No.7142/1999-2000 in the office of the Sub-registrar, Bengaluru North Taluk executed by S.T. Anand in favour of N. Murthy. g) RTC for the year 1978-79 to 2006-07. Copies with respect to Sy. No. 31/2 and Certified Extract with respect to Sy. No. 31/3. - 7 - NC: 2025:KHC:17145 WP No. 9582 of 2025 h) Original Sale Agreement dated 18.09.2006 executed by Mukthiar Khan in favour of one P.N. Vijayendra. i) Original Cancellation of Sale Agreement dated 22.09.2006 executed by P.N. Vijayendra in favour of Mukthiar Khan. j) Survey Sketch (Xerox) 3. The Petitioner shall withdraw a sum of Rs. 15,54,93,200/-(Rupees Fifteen Crores Fifty Four Lakhs Ninety Three Thousand Two Hundred Only) deposited by the Respondents before the Hon'ble Commercial Court (CCH 88) and the Respondents do not have any objection for the same. 4. The interest accrued on Rs.15,54,93,200/- (Rupees Fifteen Crores Fifty Four Lakhs Ninety Three Thousand Two Hundred Only) deposited in the fixed deposit shall be released in favour of the Respondents. 5. In addition to the above documents, it is claimed by the Respondents that the Petitioner has not handed over two original sale deeds described hereunder to the Respondents. - 8 - NC: 2025:KHC:17145 WP No. 9582 of 2025 a. Original Sale Deed dated 01/12/1982 executed by Ν.Τ. Narasimhamurthy in favour of Smt. Mahadevamma and b. Original Sale Deed dated 04/07/1991 executed by Mr. Muniraju in favour of T. Muniyappa and T. Galihanumaiah. 6. The Petitioners state that they have not received the original documents as indicated at para 5(a) and (b). However, the Petitioner is making its best efforts to once again verify from its records and shall hand over the same to the Respondents if the same are traced. 7. The Petitioner states that it has not pledged the above mentioned two sale deeds in favour of any third parties or misused the same. It undertakes that it will not pledge or misuse the original documents mentioned above, if they are under the custody of the Petitioner. It further undertakes that if the said documents are traced they shall handover the same to the Respondents immediately and voluntarily. 8. In view of this joint memo the Respondents will withdraw Commercial A.P. No. 232/2021 filed before the Division bench of this Hon'ble Court. - 9 - NC: 2025:KHC:17145 WP No. 9582 of 2025 Wherefore, the parties pray that this Hon'ble Court may be pleased to set aside the order dated 20/03/2025 passed by the Hon'ble Commercial Court (CCH -88) and consequently direct the Hon'ble Commercial Court (CCH- 88) to release the amounts in favour of the Petitioner and Respondents as per paragraph Nos. 3 & 4 mentioned herein above and enter full satisfaction of the Award in A.C. No. 2/2009, in the interest of justice and equity.” 5. This writ petition is disposed of in terms of the joint memo. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 102