- 1 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28979 OF 2023 (GM-CPC) BETWEEN: 1. M/S. MARY MATHA EDUCATION TRUST (REGD.), A TRUST REGISTERED UNDER INDIAN TRUST ACT, HAVING ITS REGISTERED AND ADMINISTRATIVE OFFICE AT NO. 54, 15TH CROSS, 2ND STAGE, INDIRANAGAR, BENGALURU – 560 038, CURRENTLY AT NO.69, 70 AND 71, KEMPAPURA, HEBBAL, BENGALURU – 560 024, REPRESENTED BY ITS PRESENT CHAIRMAN MR. P.M.KURIACHAN, AGED ABOUT 65 YEARS, S/O LATE MR. MATHEW, R/AT PENNAMPARAMBIL HOUSE, KOODARANJI P.O., KOZHIKODE TALUK AND DISTRICT, KERALA – 673 001. BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED. 2. MR. P.M.KURIACHAN, AGED ABOUT 65 YEARS, S/O LATE MR. MATHEW, R/AT PENNAMPARAMBIL HOUSE, KOODARANJI P.O, KOZHIKODE TALUK AND DISTRICT, KERALA – 673 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 3. MR. BENNY MATHEW, AGED ABOUT 60 YEARS, S/O LATE MR. MATHEW, M/S. MARY MARTHA EDUCATION, TRUST (REGD.) NO. 69, 70, 71, 5TH CROSS 4TH MAIN ROAD, PAMPA EXTN, KEMPAPURA, HEBBAL, BENGALURU – 560 024. …PETITIONERS (BY SRI MILIND DANGE, ADVOCATE) AND: 1. MRS. MARY MATHEW, AGED ABOUT 68 YEARS, W/O LATE MR. M.M.MATHEW, MR.M.M.MATHEW, SINCE DECEASED BY HIS LRS R1 AND R3 2. MR. SAMUEL MATHEW, AGED ABOUT 30 YEARS, S/O LATE MR. M.M.MATHEW, 3. MR. JOSHY MATHEW, AGED ABOUT 52 YEARS, S/O LATE MR. MATHEW, FOUNDER CHAIRMAN, M/S. MARY MATHA EDCUATION TRUST (REGD.), NO. 69, 70 AND 71, 5TH CROSS, 4TH MAIN ROAD, PAMPA EXTN, KEMPAPURA, HEBBAL, BENGALURU – 560 024. 4. MR. JOSE KANNANCHIRA, AGED ABOUT 61 YEARS, S/O MR. FRANCIS, M/S. MARY MARTHA EDUCATION TRUST (REGD.) NO.69, 70, 71, 5TH CROSS, - 3 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 4TH MAIN ROAD, PAMPA EXTN, KEMPAPURA, HEBBAL, BENGALURU – 560 024. AND ALSO RESIDING AT CHATHENCOTTU NADA, KOVILAMPURA, CALICUT DISTRICT, KERALA – 673 508. 5. MR. JOLLY MATHEW, AGED ABOUT 61 YEARS, S/O LATE MR. MATHEW, M/S. MARY MARTHA EDUCATION TRUST (REGD.), NO.69, 70, 71, 5TH CROSS, 4TH MAIN ROAD, PAMPA EXTN, KEMPAPURA, HEBBAL, BENGALURU – 560 024 AND ALSO RESIDING AT PENNAMPARAMBIL HOUSE KOODARANJI P.O, KOZHIKODE TALUK AND DISTRICT, KERALA – 673 001. 6. MR. SEBASTIAN THOMAS, AGED ABOUT 65 YEARS, S/O LATE MR. THOMAS, RESIDING AT PENNAMPARAMBIL HOUSE, KOODARANJI P.O, KOZHIKODE TALUK AND DISTRICT, KERALA – 673 001. 7. MR. K.A.PHILIP, AGED ABOUT 82 YEARS, FATHER'S NAME NOT KNOWN, RESIDING AT KANNAMCHIRA, HOUSE, PUNNAKAL P.O., (VIA) THIRUVAMPADY, CALICUT DISTRICT, KERALA – 673 505. - 4 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 8. DR. BIJU NINNAN, AGED ABOUT 51 YEARS, S/O MR. M.NINAN, CLAIMED TO BE THE MEMBER, M/S. MARY MARTHA EDUCATION TRUST (REGD.), NO.69, 70, 71, 5TH CROSS, 4TH MAIN ROAD, PAMPA EXTN, KEMPAPURA, HEBBAL, BENGALURU – 560 024. AND ALSO RESIDING AT MANIVALLIYIL HOUSE, ARUCODE, NILAMBUR TALUK, MALAPURAM DISTRICT, KERALA – 673 508. 9. MR. M.NINAN, AGED ABOUT 86 YEARS, S/O MR. M.O.ZACARIA, RESIDING AT MANIVALLIYIL HOUSE, ARUCODE, NILAMBUR TALUK, MALAPURAM DISTRICT, KERALA – 673 508. 10. M/S. QUALITY HEALTH CARE COLLEGE OF NURSING, C/O M/S. MARY MARTHA EDUCATION TRUST (REGD), NO.69, 70, 71, 5TH CROSS, 4TH MAIN ROAD, PAMPA EXTN., KEMPAPURA, HEBBAL, BENGALURU – 560 024. AND ALSO AT UTTARAHALLI, 4/5, P.P.LAYOUT, SUBRAMANYAPURA, BENGALURU – 560 061, REPRESENTED BY ITS SECRETARY. 11. SRI. JOSEPH, AGED ABOUT 47 YEARS, M/S. QUALITY HEALTH CARE COLLEGE OF NURSING, - 5 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 C/O M/S. MARY MARTHA EDUCATION TRUST (REGD.) NO.69, 70, 71, 5TH CROSS, 4TH MAIN ROAD, PAMPA EXTENSION, KEMPAPURA, HEBBAL, BENGALURU – 560 024. AND ALSO AT UTTARAHALLI, 4/5 P.P.LAYOUT, SUBRAMANYAPURA, BENGALURU – 560 061. 12. SRI. MATHEW, AGED ABOUT 46 YEARS, M/S. QUALITY HEALTH CARE COLLEGE OF NURSING, C/O. M/S. MARY MARTHA EDUCATION TRUST (REGD), NO.69, 70, 71, 5TH CROSS, 4TH MAIN ROAD, PAMPA EXTENSION, KEMPAPURA, HEBBAL, BENGALURU – 560 024. AND ALSO AT UTTARAHALLI, 4/5, P.P.LAYOUT, SUBRAMANYAPURA, BENGALURU – 560 061. …RESPONDENTS (BY SRI M.S.RAGHAVENDRA PRASAD, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE OR REJECT THE IMPUGNED ORDER DTD 27.10.2023 PASSED LEARNED LXII ADDL CITY CIVIL AND SESSION JUDGE (CCH- 63) IN OS NO.2694/2016 VIDE ANNX-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The parties to the lis were referred to Karnataka Mediation Centre for mediation and the report of mediation is placed before the Court which depicts that the parties have settled the dispute amongst themselves by drawing up certain terms of settlement. The said terms read as follows: “I. In the above Writ Petition the Petitioners have challenged the Order dated 27.10.2023 passed by the Learned LXII Addl. City Civil and Sessions Judge (CCH- 63), in O S No.2694/2016. The suit was filed by the respondent seeking eviction and vacant possession of the schedule property along with arrears of rent from the respondent. The said Writ Petition is referred to mediation to explore possibilities to resolve the dispute between the parties. II. The 3rd petitioner is the power of attorney holder for the 2nd petitioner who is also the chairman of the 1st petitioner trust and he authorized to participate/negotiate and sign this agreement on behalf of the 1st and 2nd petitioner. The 1st respondent is is the power of attorney holder for the 2nd respondent who is none other than her son and she is authorized to participate/negotiate and sign this agreement on behalf of the 2nd respondent. The 3rd respondent has resigned as chairman of the 1st petitioner trust. Notice to respondents 4 to 13 has been dispense with as they are not necessary parties to the petition. - 7 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 III. During the course of mediation, both the parties have appeared and resolved their disputes and agreed to the following terms and conditions:- 1. The 1st petitioner shall pay a total sum Rs. 1,40,00,000/- (Rupees One Crore Forty Lakhs Only) the respondent No.1 has and the petitioner No.1 has no objection to respondent NO.1 withdrawing a sum of Rs. 60,00,000/- (Rupees Sixty Lakhs Only) which is deposited before the Hon'ble City Civil Court in O S No.2694/2016. 2. The respondent No.1 has represented to the petitioner No.1 that on signing of this settlement agreement the OS No.2694/2016 will be advanced and the petitioner No.1 would submit before the court that he has no objection to withdrawing a sum of Rs.60,00,000/- 3. The petitioner also undertakes to pay a sum of Rs.20,00,000 (Rupees Twenty Lakhs Only) dated 10.07.2025 by way of cheque drawn SBI Bank, Coffee Board Layout, Kempapura Branch Bearing Cheque No. 774158 and the remaining amount of Rs. 60,00,000 (Rupees Sixty Lakhs Only) will paid in 3 installments by Cheque bearing No. 774159 dated 26.07.2025 for a sum of Rs. 20,00,000 (Rupees Twenty Lakhs Only), 774152 dated 01.08.2025 for a sum of Rs. 20,00,000 (Rupees Twenty Lakhs Only) and 774153 dated 01.09.2025 for a sum of Rs. 20,00,000 (Rupees Twenty Lakhs Only) of SBI Bank, Coffee Board Layout, Kempapura Branch. 4. The petitioner No.1 will deposit a Sum of Rs, 10,00,000 (Rupees Ten Lakhs Only) as rent advance for every rotating 3 months advance and the same is paid by way of Cheque Bearing No. 774160 dated 30.08.2025 and the rent is fixed for a sum of Rs. 2,25,000 (Rupees Two Lakhs Twenty Five Thousand Only) per month with effect from 01.02.2025 to 31.12.2025 and the rent shall be paid before 10th of every calendar month. The petitioner No.1 undertakes to pay GST and other Taxes applicable as per law. 5. Both the parties agree that the total extension of the tenancy will be for a period of 1 year 9 months i.e. from 01.02.2025 to 30.09.2027 from 01.01.2026 to 30.09.2027 the petitioner has undertaken and shall pay - 8 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 a monthly rent of Rs.2,50,000/- and said rent shall be paid on or before 10th of every calendar month. The petitioner No.1 undertakes to pay GST and other Taxes applicable as per law. 6. The petitioner has agreed to provide the authorization of the Trustee appointed by the Trust to execute the agreement and has also undertaken to provide the Notarized copy of the present Trust Deed. 7. The petitioner is entitled to use the schedule premises only for running the St. Mary's Institute of Nursing and Mary Matha School of Nursing. 8. All utility bills like electricity, water shall be paid by the petitioner within the respective due dates to the concerned authorities. In the event any bill is left unpaid, the respondent is entitle to deduct the same from the security deposit along with penalty and only the balance amount in security deposit will be payable to the petitioner. 9. While vacating the schedule property and handing over vacant possession i.e. on the 1st of October 2027 the petitioner has agreed to pay one month rent towards repair, painting and other charges. 10. Both the parties have agreed that one set of keys of the front gate, main door will be with the respondent land lady, and no changes in the locks shall be made without the explicit written consent from the respondent. The petitioner undertakes not to sub-let the schedule premises. The petitioner further undertakes to maintain the building in good condition and that all maintenance charges will be borne by the petitioner. The petitioner undertakes not to carry out any illegal or activities which are against the law. 11. The petitioner has undertaken not to run the hostel in the schedule property. The nursing college will be run with the valid permission from the appropriate authorities and the respondent will not be responsible in any manner for civil, criminal liabilities arising from running of the nursing college. - 9 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 12. Both the parties agree that one room located on the left side on entering from the main entrance of the building will be left vacant for the respondent's use. 13. The defendant NO.11, 12 and 13 in the OS No.2694/2016 were inducted as sub-tenants by the petitioner. The petitioner hereby undertakes that the defendants NO.11, 12 and 13 have vacated the schedule premises. 14. The respondent shall have right to inspect the premises at any given time after due notice and intimation to the petitioner. 15. The petitioner agrees to provide list of persons who are in charge of the management. 16. The petitioner undertakes that no alterations shall be made in the said premises without the prior permission of the respondent. 17. If the petitioner defaults in adhering to any of the above conditions the respondent shall have the right to seek the immediate termination of this agreement and the petitioner shall vacate and handover vacant possession to the respondent forthwith, if the respondent is compelled to approach the courts of law the petitioner has undertaken bear all litigation expenses and lawyers fees. 18. The parties have entered into this settlement agreement on their free will and volition without any force, fraud or any undue influence from any one. IV. In view of the aforesaid agreement entered between the parties hereto, the parties pray that this Hon'ble Court be pleased to dispose off the above Writ Petition, in terms of the aforesaid agreement. V. Parties have agreed appear before Hon'ble Court for reporting settlement for passing necessary orders in terms of the agreement.” - 10 - HC-KAR NC: 2025:KHC:26520 WP No. 28979 of 2023 2. In the light of the settlement arrived at between the parties, on the aforesaid conditions, both the parties would submit that the suit is decreed in terms of the settlement and the decree is directed to be drawn by the concerned Court. In the light of the settlement arrived at between the parties, the suit is decreed in terms of the compromise. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 37 CT:SS