- 1 - NC: 2025:KHC:13173 WP No. 18159 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18159 OF 2022 (GM-RES) BETWEEN: SRI. BHARATH N, S/O M. NAGARAJA, AGED ABOUT 32 YEARS, R/AT NO.14, SRINIVASA NILAYA, EARLY BIRD EXTENSION, MULLUR VILLAGE, BENGALURU EAST TALUK, BENGALURU - 560 035. …PETITIONER (BY SRI. A. SHIVARAMA, ADVOCATE) AND: 1. THE CHAIRMAN, THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN TRIBUNAL AND ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB DIVISION, BENGALURU. 2. SRI. M. NAGARAJA, S/O LATE MUNISHAMAPPA, AGED ABOUT 63 YEARS, R/AT NO.62, SLV EXTENSION, BOORGUNTE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU - 562 125. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1; SRI. MANJUNATH G, ADVOCATE FOR R2) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13173 WP No. 18159 of 2022 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGMENT AND ORDER DATED 29.07.2022 PASSED IN MSC(SC) CR.54/2021-22 BY THE R1, PRODUCED AS ANNEXURE-A 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 M.NAGAPRASANNA ORAL ORDER The petitioner calls in question an order dated 29.07.2022 passed in MSC(SC) CR:54/2021-22, passed by respondent No.1. 2. Heard Shri A. Shivarama, learned counsel appearing for the petitioner; Shri Shamanth Naik, learned High Court Government Pleader appearing for respondent No.1 and Shri Manjuanth G., learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a - 3 - NC: 2025:KHC:13173 WP No. 18159 of 2022 settlement and the memorandum of settlement reads as follows: “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. I. This Writ Petition is filed by the petitioner being aggrieved by the order dated 27.07.2022 passed by 1st Respondent in MSC(SC) CR-54/2021-22 whereby the schedule-1 property is restored to the respondent No.2 by annulling the Sale Deed which was in the name of the Petitioner. II. The said Writ Petition is referred to mediation for resolving the dispute between the petitioner and the respondent. The Petitioner is the son of Respondent No.2/Sri.M.Nagaraja. The 1st Respondent is the authority who has passed the impunged order, and hence not a necessary party and was not included for the mediation. In the mediation, the mother of the petitioner and the wife of the petitioner participated and during the course of mediation both the parties have agreed to resolve the disputes between themselves on the following terms and conditions: Facts of the case: 1. The Petitioner agrees to execute the Release Deed in favour of the his father(Respondent No.2), and the mother Smt. Sudha relating to the property included in the Sale Deed which is morefully described in the Schedule-1 hereunder after the sale of the property stated in Schedule-2 in terms with the agreed conditions. 2. In turn, the Petitioner who is the joint owner of Schedule-2 Property agrees to sell the same after obtaining consent of his mother who is also the joint owner and take the entire sale proceeds. The parties agree to sell the Schedule-2 property for a - 4 - NC: 2025:KHC:13173 WP No. 18159 of 2022 price not below than Rs.75,00,000/- (Rupees Seventy Five Lakhs only). 3. The Petitioner after receiving the proceeds of the sale of Schedule-2 Property agrees to clear all the mortgage pending as on that day with regard to Schedule-1 property at Bank of Baroda, Sarjapura, Bengaluru. 4. The Petitioner and Respondent No.2 agrees that until the sale of Schedule-2 Property, they will jointly in equal share pay the monthly/quarterly EMI pending on the above mentioned mortgage. 5. The Petitioner and Respondent No.2 agree to co- operate with one another for the sale of Schedule-2 Property on or before 28.02.2025. 6. The Petitioner and Respondent No.2 agree that once this agreement is complied upon they will resolve the dispute pending relating to maintenance in MSC.No.59/2023 on the file of Asst. Commissioner under Senior Citizens Act. 7. Both the parties further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner and in case they are unable to sell the Schedule-2 Property as per the terms agreed above, they will sit for re-negotiation or will abandon this agreement and proceed with the petition. III. In view of the aforesaid agreement entered between the parties hereto, the Petitioner and the respondent pray that this Hon'ble Court be pleased to post the matter in the first week of March 2025 and pass appropriate orders, in terms of this agreement. In terms of the settlement, the petitioner's son is obliged to pay the father Rs.10,000/- and since January, it is not paid. - 5 - NC: 2025:KHC:13173 WP No. 18159 of 2022 In the event, it is not paid, the same shall be paid in its entirety up to date, within one week, from today. 4. In light of the settlement arrived at between the parties as afore-quoted, I pass the following: ORDER i. Writ Petition is disposed. ii. An order dated 29.07.2022 passed in MSC(SC) CR:54/2021-22, passed by respondent No.1, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 112/CT: BHK