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2026 DAILYLAW 28895 (KAR)

M/S VISTA SPACES SUN (RAINTREE) PRIVATE LIMITED v. MR S SRIDHAR

CMP/152/2026 · 2026-07-16

B M Shyam Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010231922026 NC: 2026:KHC:36488 CMP No. 152 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD CIVIL MISC. PETITION NO. 152 OF 2026 BETWEEN: M/S VISTA SPACES SUN (RAINTREE) PRIVATE LIMITED REPRESENTED BY MS. KRUPA M S NEW ADDRESS AT HAVING OFFICE AT TOUCH STONE, 2/3RD FLOOR, B BLOCK, MAIN GUARD CROSS ROAD, SHIVAJINAGAR, MAHATMA GANDHI ROAD, BANGALORE 560001. …PETITIONER (BY SRI. R V GOUTHAM., ADVOCATE) AND: 1. MR S SRIDHAR SON OF LATE MR. O. SUDARSHANAM RESIDING AT SATYAASHRAYA NO.51 (OLD NO.19), 15TH CROSS, NEAR CHOWDAIAH HALL, MALLESHWARAM, BANGALORE 560003. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010231922026 NC: 2026:KHC:36488 CMP No. 152 of 2026 2. MRS. M. S. SUDHA, WIFE OF MR. S. SRIDHAR RESIDING AT SATYAASHRAYA NO.51 (OLD NO.19), 15TH CROSS, NEAR CHOWDAIAH HALL, MALLESHWARAM, BANGALORE 560003. 3. MR. S. SHREYAS, SON OF MR. S. SRIDHAR RESIDING AT SATYAASHRAYA NO. 51 (OLD NO.19), 15TH CROSS, NEAR CHOWDAIAH HALL, MALLESHWARAM, BANGALORE - 560003. 4. MRS. S. LAKSHMI, WIFE OF MR. S. SHREYAS RESIDING AT SATYAASHRAYA NO.51 (OLD NO.19), 15TH CROSS, NEAR CHOWDAIAH HALL, MALLESHWARAM, BANGALORE 560002. 5. SMT. SWARNA, LEGAL REPRESENTATIVE OF V.R. RAVI PRAKSH WIFE OF LATE MR. V.R. RAVI PRAKASH, RESIDING AT NO. 198, 6TH MAIN, 4TH CROSS, BCC LAYOUT, VIJAYANAGAR, BENGALURU 560040. …RESPONDENTS (BY SMT. RADHA JAYANTHI C S., ADVOCATE) - 3 - HC-KAR CNR: KAHC010231922026 NC: 2026:KHC:36488 CMP No. 152 of 2026 THIS CMP IS FILED U/S. 11(6) OF ARBITRATION AND CONCILIATION ACT PRAYING TO APPOINT MRS. JUSTICE K.S. MUDAGAL (RETD.) FORMER JUDGE OF THE HIGH COURT OF KARNATAKA, AS THE SOLE ARBITRATOR IN TERMS OF CLAUSE 33.4 OF THE JOINT DEVELOPMENT AGREEMENT DATED 20.11.2018 PRODUCED AS ANNEXURE B IN ORDER TO CONSTITUTE THE ARBITRAL TRIBUNAL AND ADJUDICATE ALL DISPUTES ARISING BETWEEN THE PETITIONER AND THE RESPONDENT IN RELATION JOINT DEVELOPMENT AGREEMENT DATED 20.11.2018. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER Sri R V Goutham, the learned counsel for the petitioner, places on record a Memo for withdrawal enclosing the Settlement Agreement between the parties which reads as under: ‘The undersigned counsel for the Petitioner above-named most respectfully submits as follows: - 4 - HC-KAR CNR: KAHC010231922026 NC: 2026:KHC:36488 CMP No. 152 of 2026 1. It is submitted that the parties in the captioned matter have agreed to amicably settle all differences in respect of the litigations and claims of the Parties, by way of a Settlement Agreement dated 24.06.2026 ("Settlement Agreement") executed between them. 2. In terms of the Settlement Agreement, the Landowners agreed to pay the Developer a sum of Rs. 2,05,00,000/-(Rupees Two Crores and Five Lakhs only) ("Settlement Payment") towards full and final settlement of all claims and disputes between the Parties, including the Litigations (Clause 2.1); the Developer, in turn, agreed to hand over to the Landowners possession and keys of 10 (ten) units, being Unit Nos. GF-1B, GF-1C, GF-1D, FF-2A1, FF-2A2, SF- 3B, SF-3C, SF-3D, TF-4A1 and TF-4A2, along with 10 (ten) car-spaces and share in the parking proportionate terrace/garden area, forming the Landowners' share under the Sharing Agreement (Clause 2.2.1). A copy of the Settlement Agreement dated 24.06.2026 is produced herewith as Document No. 1. 3. It is submitted that the Settlement Payment has been duly received by the Developer, and possession and keys of the 10 - 5 - HC-KAR CNR: KAHC010231922026 NC: 2026:KHC:36488 CMP No. 152 of 2026 (ten) units referred have been duly handed over to the Landowners, in terms of the Settlement Agreement. 4. In view of the Settlement Agreement and the discharge of the obligations thereunder as set out above, the disputes forming the subject matter of the present Petition stand amicably resolved between the parties. The Petitioner accordingly seeks leave of this Hon'ble Court to withdraw the present Petition. WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased permit the Petitioner to withdraw the present Civil Miscellaneous Petition No. 152 of 2026, in the interest of justice and equity.’ When queried, the learned counsel submits that all the disputes between the parties are settled. As such, the petition stands dismissed as withdrawn. Sd/- (B M SHYAM PRASAD) JUDGE AN/-