- 1 - HC-KAR NC: 2026:KHC:5430 WP No. 31586 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 31586 OF 2024 (GM-CPC) BETWEEN: MADHUVANA HOUSE BUILDING CO OPERATIVE SOCIETY LTD (REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT) REPRESENTED BY ITS EXECUTIVE DIRECTOR, SRI D.T PRAKASH AGED 75 YEARS, S/O LATE THIRUMALA RAO, NO.345, 3RD CROSS, INDIRA NAGARA, MYSORE-570006 (SENIOR CITIZEN BENEFITS ARE NOT CLEAIMED) …PETITIONER (BY SRI. NAIK NITYANAND V. NAIK.,ADVOCATE) AND: 1. MALLIKARJUNAPPA, AGED 49 YEARS, 2. RAJASHEKHAR AGED 42 YEARS, 3. C BASAVARAJU, AGED 39 YEARS R1 TO R3 ARE SONS OF LATECHENNAPPA AND R/AT SATHAGALLI VILLAGE, MYSORE TALUK MYSORE DISTRICT- 570026 4. THE SPECIAL LAND ACQUISITION OFFICER, AND ASSISTANT COMMISSIONER, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5430 WP No. 31586 of 2024 MYSORE SUB DIVISION, JLB ROAD, MYSORE- 570001. …RESPONDENTS (BY SRI.PRAKASH M PATIL .,ADVOCATE FOR R1 TO R3; SRI. V. HEMALATHA, AGA FOR R4) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS.QUASH THE ENTIRE EXECUTION PROCEEDINGS IN EX.CASE NO. 32/2024 IN THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MYSORE VIDE ANNX-V AND W. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “(i) Issue writ, order or direction in the nature of certiorari quashing the entire Execution proceedings in Ex.Case No:32/2024 on the file of the Principal Senior Civil Judge and CJM, Mysore at Annexure-W; (ii) To pass such other orders or directions as this Hon’ble Court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 to 3 and learned AGA for respondent No.4 and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:5430 WP No. 31586 of 2024 3. Learned counsel for the parties jointly submit that the suit having been amicably settled, memo for disposal along with the joint memo of settlement has been filed by the parties both before this Court as well as Executing Court. The joint memo filed in the present petition reads as under: JOINT MEMO FILED BY THE PETITIONER AND THE LRS OF FIRST RESPONDENT The Petitioner /JDr and the LRs of the First respondent / DHR most respectfully submit as follows:- 1. Being aggrieved by the entire Execution Proceedings in Ex. Case No: 32/2024 filed by the First Respondent in the file of the Il Additional Senior Civil Judge and CJM, Mysore, the Petitioner approached this Hon'ble Court in the above Writ Petition. 2. This Hon'ble Court by an Order dated 12th December, 2024 was pleased to stay further proceedings in Ex.P No: 32/2024 pending in on the file of II Additional Senior Civil Judge and CJM, Mysore subject to the Petitioner depositing 50% of the compensation amount as determined by the Reference Court within & weeks from the date of granting the interim protection. The Execution Court was further directed not to release the said deposited amount until further orders from this Hon'ble Court. The Petitioner/ JDr deposited RS. 19,56,900/- (Rupees Ninteen Lakhs Fifty Six Thousand Nine Hundred only) by way of DD bearing No: 042561 dated 24.01.2025 drawn on Mysore and - 4 - HC-KAR NC: 2026:KHC:5430 WP No. 31586 of 2024 Chamarajnagar District Co. operative Central Bank Ltd., Mysore in favour of the Principal Senior Civil Judge, Mysore on 25.01.2025 and complied with the interim Order. 3. It is respectfully submitted that after service of notice of the above Writ Petition and considering the averments made, contentions urged in the Memorandum of Writ Petition and at the instance of well-wishers of the Decree Holders and Judgement Debtor, the parties have amicably got the matter settled and accordingly the Joint Memorandum of Settlement dated 23.09.2025 was filed in Ex.P No: 32/2024 in the file of II Additional Senior Civil Judge at Mysore and a Copy of the same is herewith enclosed. 4. In compliance with the said Joint Memorandum of Settlement, the Decree Holders have received the entire amount except Rs. 19,56,900/- (Rupees Ninteen Lakhs Fifty Six Thousand Nine Hundred only) which was deposited by the Judgement Debtor before the Execution Court in compliance with the Interim Order granted by this Hon'ble Court on 12th December, 2024 in the above Writ Petition. In view of the Interim Order granted by this Hon'ble Court and in terms of the Memorandum of Settlement which is part of the record in the Execution Court, the Petitioner/JDr has no objection for the Decree Holders to withdraw the amount of Rs. 19,56,900/- (Rupees Ninteen Lakhs Fifty Six Thousand Nine Hundred only) from the II Additional Senior Civil Judges. - 5 - HC-KAR NC: 2026:KHC:5430 WP No. 31586 of 2024 5. In views of the full and final settlement arrived between the parties, and considering the Joint Memorandum of Settlement signed and presented by the parties, this Hon'ble Court may be pleased to direct the II Additional Senior Civil Judge and CJM Mysore to release the amount deposited by the Petitioner in compliance with the Order dated 12th December 2024 granted by this Hon'ble Court to enable the Decree Holders to get the benefit of the settlement. The Settlement has been arrived in good faith and the settlement being the full and final settlement, this Hon'ble Court may be pleased to dispose of the above Writ Petition with necessary directions to the Execution Court to release amount in deposit in favour of the Decree Holders/ the LRs of First Respondent in the interest of justice and equity. 4. The joint memo filed in Ex.Case No.32/2024 reads as under: JOINT MEMO FILED BY THE L.RS. OF DECREE HOLDER AND THE JUDGMENT DEBTOR No. 2 The L.Rs. of the Decree Holder and the J. Dr. No. 2 humbly state as follows:- 1. The J.Dr. No. 2 Society has challenged the award passed by this Hon'ble Court before the Hon'ble High Court of Karnatakia. In the W.P. No. 31586 / 2024 the Hon'ble High Court of Karnataka has passed an Order dated 12-12-2024 staying the further proceedings in Ex.No. - 6 - HC-KAR NC: 2026:KHC:5430 WP No. 31586 of 2024 32 / 2024 pending on the file of the this Hon'ble Court subject to the J. Dr. No. 2 depositing 50% of the compensation amount as determined by the Reference Court within eight weeks from the date of the said Order and further ordered that the same shall not be released until further Orders of the Hon'ble High Court of Karnataka. The compensation amount as determined by the Reference Court is Rs. 39,13,783/- (Rupees Thirty Nine Lakh Thirteen Thousand Seven Hundred and Eighty Three only). In pursuance of the aforementioned Order, the J.Dr. No. 2 has deposited the said amount before this Hon'ble Court on 25- 01-2025 by way of DD bearing No. 042561 dated 24-01- 2025 for Rs. 19,56,900/- (Rupees Nineteen Lakh Fifty Six Thousand and Nine Hundred only) drawn on the Mysore and Chamarajanagar District Cooperative Central Bank Ltd., Mysuru in favour of the Principal Senior Civil Judge, Mysuru, praying this Hon'ble Court be pleased to keep the said amount in Fixed Deposit and not to release the same in favour of the other party till the further Orders of the Hon'ble High Court of Karnataka. 2. Meanwhile, on the advice of the elders and well-wishers, the L.Rs. of the Decree Holder and the Judgment Debtor No. 2 have amicably settled the above matter subject to the following terms and conditions: a) The Judgment Debtor No. 2 has agreed to pay a sum of Rs. 90,00,000/- (Rupees Ninety Lakh only) to the L.Rs. of the Decree Holder and the L.Rs. of the Decree Holder have agreed to receive the said - 7 - HC-KAR NC: 2026:KHC:5430 WP No. 31586 of 2024 amount in full and final settlement of the award (Decree) amount along with up to date interest thereon. b) The L.Rs. of the D.Hr. have agreed to waive of remaining amount claimed under the above execution petition. c) In view of the above said amicable settlement, the L.Rs. of the D:Hr. undertake not to proceed in future either against the j.Dr. No. 1Or the J.Dr. No. 2 in respoct of the aforementioned Award (Decree) Amount. d) The J.Dr. No. 2 Society has agreed to withdraw the above mentioned writ petition i.e., W.P. No. 31586 / 2024 filed against the L.Rs. of the D.Hr. challenging the award passed by this Hon'ble Court. e) After deducting the aforementioned amount of Rs. 19,56,900/- which has been deposited by the J.Dr. No. 2 as stated supra from the settled amount of Rs. 90,00,000/-, balance amount of Rs. 70,43, 100/- is payable by the J.Dr. No. 2 to the L.Rs. of the D.Hr. f) Three L.Rs. of the D.Hr. are entitled to 1/3d share each in the said amount. Each L.R. of the D.Hr. shall receive Rs. 6,52,300/- and accruing interest proportionately divided out of the said deposited amount of Rs. 19,56,900/-in this Hon'ble Court and the accruing interest thereon. The J.Dr. No. 2 has no - 8 - HC-KAR NC: 2026:KHC:5430 WP No. 31586 of 2024 objection whatsoever for this Hon'ble: Court releasing the said amount along with accruing interest thereon in favour of the L.Rs. of the D. Hr. g) In the remajning amount of Rs. 70,43,100/-, each L.R. of the D.Hr. is entitled to receive Rs.23,47,700/- from the J.Dr. No. 2. h) The LR(a) of the DH, i.e., Sri. Mallikarjunappa hereby acknowledges the receipt of Re 23.47,700- (Rupegs Twenty Three Lakh Forty Seven Thousand Seven Hundred only) by way of Cheque bearing No 269719 dated 25-07-2025 drawm on the Mysore and Chamarajanagar District Cooperative Central Bank Lid, Mysuru from the J.Dr. No. 2 in full and final settlement of the above matter. i) The L. R.(b) of the D.Hr., i.e., Sri Rajashernar hereby acknowedges the receipt of Rs. 23,47,700 /- (Rupees Twenty Three Lakh Forty Seven Thousand Seven Hundred only) by way of Cheque bearing No. 269721 dated 09-06-2025 drawn on the Mysore and Chamarajanagar District Co-operative Central Bank Ltd., Mysuru from the J.Dr. No. 2 in full and final settlement of the above matter. j) The L.R.(c) of the D.Hr., i.e., Sri C. Basavaraju hereby acknowledges the receipt of Rs. 23,47,700/- (Rupees. Twenty Three Lakh Forty Seven Thousand Seven Hundred only) by way of Cheque bearing No. 269720 dated 09-07-2025 drawn on the. Mysore and - 9 - HC-KAR NC: 2026:KHC:5430 WP No. 31586 of 2024 Chamarajanagar District Co-operative Central Bank Ltd., Mysuru from the J.Dr. No. 2 in full and final settlement of the above matter. Wherefore the LR’s of the D.Hr and the J.Dr. NO.2 pray that this Hon’ble Court be pleased to close the above execution petition as fully satisfied in the interest and equity.” 5. In view of the settlement arrived at between the parties, nothing further survives in the petition and the same is accordingly disposed of in terms of the joint memo. 6. The Executing Court is directed to disburse/release the entire amount deposited by the petitioner together with accrued interest, if any, in favour of legal representatives of Decree Holder immediately without any delay. 7. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 38