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2025 DAILYLAW 76001 (KAR)

NALANDA GURUKULA EDUCATION TRUST v. SRI. C.B. VIJAYAKUMAR

WP/15217/2019 · 2025-08-06

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30419 WP No. 15217 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15217 OF 2019 (S-RES) BETWEEN: 1. NALANDA GURUKULA EDUCATION TRUST GUDDENAHALLI, KOPPAL POST PERIYAPATNA TALUK MYSURU DISTRICT 571107 REPRESENTED BY ITS RESIDENTIAL DIRECTOR. 2. NALANDA GURUKULA INTERNATIONAL PUBLIC SCHOOL, GUDENAHALLI KOPPAL POST, PERIYAPATNA TALUK MYSURU DISTRICT-571107 REPRESENTED BY ITS PRINCIPAL …PETITIONERS (BY SRI. SUBRAMANYA R., ADVOCATE) AND: SRI. C.B. VIJAYAKUMAR S/O BOMMANNA AGED ABOUT 45 YEARS R/AT HEBBALE VILLAGE SOMWRPETE TALUK KODAGU DISTRICT 571236. …RESPONDENT (BY SRI.M P SRIKANTH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT AND AWARD PASSED IN PASSED IN E.A.T NO.8/2017 DATED: 18.1.2019 ON THE FILE OF THE COURT OF THE PRINCIPAL DISTRICT JUDGE AND Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30419 WP No. 15217 of 2019 EDUCATIONAL APPELLATE TRIBUNAL AT MYSURU [PRODUCED 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 1. In this writ petition, the petitioner has called in question the judgment and award passed by the Principal District Judge and Chairman, Educational Appellate Tribunal, Mysuru in E.A.T.No.08/2017 dated 18.01.2019. 2. After service of notice, the parties have filed a Joint Memo dated 02.08.2025. The contents of the joint memo is extracted herein below: “JOINT MEMO The Petitioner and Respondent submit as follows: 1. The above petition is filed challenging the Order Dated: 18.01.2019 passed in E.A.T. No. 08/2017 on the file of the Principal District Judge and Educational Appellate Tribunal at Mysore. 2. The Respondent herein has filed an appeal i.e. E.A.T. No. 08/2017 on the file of the Principal District Judge and Educational Appellate Tribunal - 3 - HC-KAR NC: 2025:KHC:30419 WP No. 15217 of 2019 at Mysore praying to set aside the order of termination dated: 18.07.2017. Wherein, the said Appeal came to be allowed. Therefore, Petitioner has filed the above writ petition against the said order. 3. It is submitted that, during the pendency of the above writ petition, the petitioner and respondent at the intervention of well-wishers, the parties out of mutual consent have decided to settle the dispute on the following conditions. 4. The Respondent undertakes that, he does not wish to continue in the petitioner institution and he fully accepts the termination order dated: 18.07.2017. 5. It is submitted that, the Petitioner has paid Rs. 13, 00, 000/- to the Respondent's Bank vide NEFT No. CNRBH00058297587 dated 03-07-2025 at State Bank of India, Kushalnagar Branch and the Respondent accepts the same as full and final settlement. 6. Both the Petitioner and Respondent pray for setting aside of the impugned order dated: 18.07.2017 in above writ petition. - 4 - HC-KAR NC: 2025:KHC:30419 WP No. 15217 of 2019 Wherefore, the Petitioner and Respondent pray this Hon'ble Court that, the above writ petition may kindly be allowed by quashing the Order Dated: 18.01.2019 passed in E.A.T. No. 08/2017 on the file of the Principal District Judge and Educational Appellate Tribunal at Mysore in terms of this joint memo, in the interest of justice.” 3. The said joint memo signed by both the parties and their respective learned counsel, is taken on record. 4. In terms of the Joint Memo dated 02.08.2025, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 17