Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5537 CMP No. 269 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI CIVIL MISC. PETITION NO. 269 OF 2024 BETWEEN:
MRS. S PRABHA WIFE OF MR. L SURESH, AGED ABOUT 66 YEARS, RESIDING AT NO.15, VEERAYU, M N KRISHNA RAO ROAD, BASAVANGUDI, BENGALURU - 560 004. …PETITIONER (BY SRI. SHAMANTH S N., ADV.) AND:
1. DR. PRAVEEN M P SON OF CHANNABASAPPA M P, AGED ABOUT 32 YEARS, RESIDING AT 102, SHARAVANA ENCLAVE, MSRE COLLEGE ROAD, MATHIKERE, BENGALURU - 560 054. 2. MRS. SUDHA H S WIFE OF S R BHIMA SHETTY, AGED ABOUT 54 YEARS, RESIDING AT C/O MR PARAMESH J I, HARI HARA KRUPA, JAYANAGAR WEST, 4TH MAIN, 5TH CROSS,
Digitally signed by SUNITHA K S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:5537 CMP No. 269 of 2024
TUMKUR - 572 102. 3. DR. SUMAN KALYAN MARRI SON OF MARRI SRINIVASA RAO, AGED ABOUT 33 YEARS, RESIDING AT A-202, SANJEEVINI DOCTORS APARTMENT, SHANKAR HILL TOWNSHIP, TORANGALLU, BELLARY - 583 123. …RESPONDENTS (BY SRI. SHREERAM TIMMAPPA NAYAK., ADV. FOR R1 & R3, SRI. MAHENDRA KUMAR.K, ADV. FOR R2)
THIS CIVIL MISC. PETITION UNDER SEC.11(6) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO A) APPOINT HONBLE JUSTICE MR. A.V. CHANDRASHEKAR RETD HIGH COURT OF KARNATAKA AS THE SOLE ARBITRATOR TO ADJUDICATE THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENTS ARISING OUT OF THE LEASE DEED DATED 24/12/2018 IN TERMS OF CLAUSE 26 THEREIN AT ANNEXURE A, B) GRANT SUCH OTHER RELIEF/S AS THIS HONBLE COURT MAY DEEM FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
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HC-KAR NC: 2026:KHC:5537 CMP No. 269 of 2024
ORAL ORDER The petitioner and the respondents have filed the joint memo, which reads as under:
“The undersigned counsel for the Parties herein most respectfully submits that the parties herein have arrived at an amicable settlement with regard to the subject matter of the present Petition in terms of this joint memo. The terms of settlement are as below:
1.
Notwithstanding anything stated in the Original Lease Agreement, the Parties herein have mutually agreed to terminate and cancel/surrender the registered Original Lease Agreement with effect from today. 2. The Petitioner hereby acknowledges that the vacant physical Possession of the Petition Schedule B Property (leased premises) has been handed over by the Respondents jointly and severally to the Petitioner on today. 3. As mutually agreed between the Parties, the interest free rental security deposit (IFRSD) of Rs. 30,00,000/- (Rupees Thirty Lakhs Only) paid by Respondents to the Petitioner under the Original Lease Agreement is to be adjusted towards dues payable by Respondents to the Petitioner including and not limiting to arrears of rent. - 4 -
HC-KAR NC: 2026:KHC:5537 CMP No. 269 of 2024
4. The parties herein mutually agree that the Petitioner does not have to return or repay any amounts to the Respondents jointly and severally in the form of Interest Free Rental Security Deposit or otherwise under this settlement or the original lease agreement and that the Respondents do not have any claim/s against the Petitioner under the original lease agreement. 5. The Petitioner does hereby admit and acknowledges the adjustment of the Interest Free Rental Security Deposit Amount towards legally recoverable dues payable by Respondents to the Petitioner in the aforementioned manner. 6. The Respondents jointly and severally hereby acknowledge that the Petitioner is not liable to reimburse the cost of any improvements made by the Respondents (if any) on the leased premises. 7. The Respondents jointly and severally reassure that the Petition Schedule B Property (leased premises) and every part thereof unto the Petitioner free from all charge, claims, created thereon under and by virtue of the Original Agreement and all claims, demands, cause of action arising out of or in connection with the same. 8.
The Parties hereto have categorically agreed that all and any agreement/s including the Original Lease Agreement with regard to the leased premises as entered into and between the Parties till date stands terminated upon arriving this amicable settlement. - 5 -
HC-KAR NC: 2026:KHC:5537 CMP No. 269 of 2024
9. The Parties herein agree that they do hereby unconditionally and absolutely release and forever discharge the other Party from any and all manner of actions, causes of action, suits, contracts, claims, damages, costs and expenses of past, present or future of any nature or kind whatsoever, whether in law or in equity, whether known or unknown, which it had or has, now or at any time hereafter for or by any reason of any cause, matter or thing whatsoever included in or related or pertaining to the Original Lease Agreement. In view of afore mentioned terms of settlement arrived at by the parties herein, the Parties herein most humbly pray that this Hon'ble Court may be pleased to dispose off the above Petition in terms of settlement arrived at by the Parties herein in the interest of justice. 2. The joint memo is taken on record. Accordingly, the petition is disposed off in terms of the joint memo. Sd/- (ASHOK S.KINAGI) JUDGE
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