- 1 - HC-KAR NC: 2026:KHC:8846 WP No. 18428 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 18428 OF 2018 (CS-RES) BETWEEN: INDIAN INSTITUTE OF SCIENCE EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. INDIAN INSTITUTE OF SCIENCE C.V. RAMAN AVENUE BANGALORE-560 012 REP. BY ITS PRESIDENT …PETITIONER (BY SMT. ARCHITHA SURESH, ADVOCATE FOR SRI. SHARATH S GOWDA., ADVOCATE) AND: 1. THE JOINT REGISTRAR CO-OPERATIVE SOCIETIES BANGALORE NORTH, CHAMARAJPET BENGALURU-560 018 PRESENTLY AT NO.146, 3RD MAIN ROAD 8TH CROSS, MARGOSA ROAD MALLESHWARAM BANGALORE-560 003 2. J. MARTIN S/O. R. JOSEPH NO. 879, "A" BLOCK NEW HOUSING COLONY Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8846 WP No. 18428 of 2018 INDIAN INSTITUTE OF SCIENCE BANGALORE-560 012 …RESPONDENTS (BY SRI. MALLIKARJUNA SWAMY S., ADVOCATE FOR C/R2 IN CP No.2695/2018, SRI. H K KENCHEGOWDA, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE ORDER DATED 14.03.2018 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.252/2015, VIDE ANNEXURE-A, CONSEQUENTLY SET-ASIDE THE ORDER PASSED IN JRB/MD/49-2009-09 ON 9.09.2010 BY THE 1ST RESPONDENT VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner and respondent No.2 have filed a joint memo of settlement dated 11.02.2026, which reads as follows: “The captioned Writ Petition is filed by the Petitioner House Building Society assailing the order passed by the Joint Registrar of Co-operative Societies and the Karnataka Appellate Tribunal, whereby the Petitioner Society is directed to allot and execute Sale Deed in respect of a plot in a layout formed at Bharath Rathna - 3 - HC-KAR NC: 2026:KHC:8846 WP No. 18428 of 2018 JRD Tata Nagar, on various grounds inclusive of a ground that the Respondent No.2 is a defaulter. During the pendency of the Petition, with the assistance of this Hon'ble Court and advice of respective counsels, also having regard to the fact that no site is available at Bharath Rathna JRD Tata Nagar, the parties have amicably resolved to settle the issue in the following terms: a) The Petitioner House Building Society will allot and execute Sale Deed in respect of a site measuring 40 x 30 square feet formed at Nagarooru Layout, on payment of sale consideration at the rate of Sub- Registrar value or as decided by the Board of Directors. b) The Sale Deed will be executed only subject to complete deposit of the sale consideration at the rate mentioned above. c) The deposit of Rs.1,05,000/- made by Respondent No.2 will be adjusted towards the sale consideration and the remaining sale consideration is supposed to be paid by the Respondent No.2 within 3 months from today. d) Time is the essence of this settlement. On failure to deposit the balance amount within 3 months, this settlement will automatically get cancelled and - 4 - HC-KAR NC: 2026:KHC:8846 WP No. 18428 of 2018 Respondent No.2 will have to forego his right of claiming site from the Petitioner Society. e) On deposit of the balance sale consideration, the Petitioner Society is bound to execute the Sale Deed in respect of an available site in Nagarooru Layout within a period of one month thereon. f) The Respondent No.2 has no choice in opting for a particular site. The entire discretion of allotting any one of the available site in Nagarooru Layout vests with the Petitioner Society. g) The prevailing guidance value of the plots at Nagarooru Layout is about Rs.1800/- per square feet and the Market Value is around Rs.5500/- per square feet, but however, having regard to the fact that the Respondent No.2 is an employee/member of the Society and profit making is not the object of the Petitioner Society, as per the terms of the settlement, the Petitioner Society has resolved and agreed to allot and execute Sale Deed in any of the available plots at Nagarooru Layout at the rate of Sub-Registrar value or as decided by the Board of Directors. h) The parties have entered into this settlement out of their free consent, without any force or coercion after fully understanding the contents of this settlement as well as its consequences. - 5 - HC-KAR NC: 2026:KHC:8846 WP No. 18428 of 2018 WHEREFORE, in the light of the settlement arrived between the parties as afore mentioned, this Hon'ble Court may be pleased to take this Joint Memo on record and dispose of the matter as settled, in the interest of justice and equity.” 2. The petitioner and respondent No.2 are present before the Court and they are identified by their respective counsel. 3. The joint memo of settlement dated 11.02.2026 is taken on record. 4. In view of the settlement between the parties, this writ petition is disposed of in terms of the joint memo of settlement. 5. In view of disposal of the petition, pending application(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 53