IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.27670-671 OF 2015 & WRIT PETITION NOS.34700-708 OF 2015 (GM-KSFC) BETWEEN:
1. ASHWIN SON OF L.V.PADMANABHA AGED ABOUT 29 YEARS REPRESENTED BY GPA HOLDER KUM. APOORVA 2. KUM.APOORVA D/O L.V.PADMANABHA AGED ABOUT 22 YEARS BOTH RESIDING AT NO.851, SAI AYODHYA ENCLAVE POORNA PRAJNA LAYOUT BANGALORE – 560 061.
(BY SMT.DEEPASHREE, ADV.) AND:
… PETITIONERS 1. KARNATAKA STATE FINANCIAL CORPORATION LTD., NO.1/1, THIMMAIAH ROAD OPP. CANTONMENT RAILWAY STATION BANGALORE – 560 001 REPRESENTED BY ITS MANAGING DIRECTOR 2. THE DEPUTY MANAGER (RECOVERY-II) KARNATAKA STATE FINANCIAL CORPORATION LTD., NO.1/1, THIMMAIAH ROAD OPP. CANTONMENT RAILWAY STATION BANGALORE 560 001.
3. INDIAN IRRIGATION & ENGINEERING CO. PVT. LTD., NO.13/1, 3RD FLOOR, 1ST MAIN JAYAMAHAL EXTENSION BANGALORE – 560 046 4. SRI.L.V.PADMANABHA SON OF L.S.VASUDEVA MURTHY AGED ABOUT 61 YEARS RESIDING AT NO.851 SAI AYODHYA ENCLAVE POORNA PRAJNA LAYOUT BANGALORE – 560 061.
5. SRI.K.C.SHIVARAM SON OF D.K.CHIKKATHIMMAIAH AGED ABOUT 65 YEARS RESIDING AT NO.507, 2ND CROSS 6TH MAIN, 3RD BLOCK, 3RD STAGE BASAVESHWRANAGARA BANGALORE – 560 079.
… RESPONDENTS (BY MR.GURURAJ JOSHI ADV. FOR R1 AND R2 MR.K.RAVISHANKAR FOR SRI.M.SHIVAPRAKASH ADV. FOR R5 R4 SERVED AND UNREPRESENTED) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM R1 IN RESPECT OF THE SALE OF GUARANTORS PROPERTY MORE FULLY DESCRIBED IN THE SCHEDULE TO THE WRIT PETITION UNDER THE ORIGINAL OF ANNEXURE-D DATED 24.02.2005 AND SET ASIDE THE ENTIRE SALE AND SUBSEQUENT DOCUMENTS EXECUTED BY SFC DATED 25.04.2007 UNDER THE ORIGINAL ANNEXURE-F IN FAVOUR OF THE R1 AS ILLEGAL AND WITHOUT AUTHORITY OF LAW, AND OPPOSED TO LAW LAID DOWN BY HON’BLE SUPREME COURT IN SFC VS. NARASIMHAIAH CASE ARE NOT BINDING ON THE PETITIONERS SHARE OF PROEPRTY AND FURHER DIRECT THE R1 AND R5 TO DELIVER UP POSSESSION OF THE PETITIONERS SHARE OF PROEPRTY WITH COST.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Deepashree, learned counsel for the petitioners.
Mr.Gururaj Joshi, learned counsel for respondent Nos.1 and 2.
Mr.K.Ravishankar for Mr.M.Shivaprakash, learned counsel for respondent No.5.
2. The writ petitions are admitted for hearing.
With consent of the learned counsel for the parties, the same are heard finally.
3. Learned counsel along with parties with parties are present.
4. Learned counsel for the parties jointly submit that the matter has been amicably settled between the parties before the Mediation Centre in Bengaluru. A copy of the memorandum of settlement has been produced by the Mediation Center. The terms of the settlement have been duly signed by the parties as well as their counsel. Therefore, the petitions are disposed of on the terms settled between the parties as recorded in the report submitted by the Mediation Center dated 24.04.2019. In compliance of the memorandum of settlement, a Demand Draft in a sum of Rs.55,00,000/- has handed over to the petitioner by the respondent.
Accordingly, the writ petitions are disposed of in terms of the settlement.
Sd/- JUDGE SS