Sri B V Mahesh Kumar vs The Mysore Diocesan Education ...
2021 Latest Caselaw 3216 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 24TH DAY OF AUGUST, 2021

                         PRESENT

        THE HON'BLE MRS. JUSTICE B. V. NAGARATHNA

                           AND

          THE HON'BLE MR. JUSTICE P.KRISHNA BHAT

           WRIT APPEAL NO.2706/2018 (S-DIS)

BETWEEN:


SRI. B.V. MAHESH KUMAR
SINCE DECEASED BY HIS LRS


1.     SMT. D.SARVAMANGALAMMA
       W/O LATE B.V.MAHESHKUMAR
       AGED ABOUT 57 YEARS
       R/O NO.57/1, 2ND CROSS
       VEENE SHESHANNA ROAD
       K.R. MOHALLA, MYSORE-570 001.

2.     M.SAGAR
       S/O LATE B.V. MAHESHKUMAR
       AGED ABOUT 30 YEARS
       R/O NO.57/1, 2ND CROSS
       VEENE SHESHANNA ROAD
       K.R. MOHALLA, MYSORE-570 001.

3.     KUM. M.GAGANA
       D/O LATE B.V.MAHESHKUMAR
       AGED ABOUT 25 YEARS
       R/O NO.57/1, 2ND CROSS
                           2




       VEENE SHESHANNA ROAD
       K.R. MOHALLA, MYSORE-570 001.

                                    ... APPELLANTS
(BY SRI.VIGNESHWAR S.SHASTRI, ADVOCATE)

AND:

1.     THE MYSORE DIOCESAN EDUCATION SOCIETY
       A SOCIETY REGISTERED UNDER THE KARNATAKA
       SOCIETIES REGISTRATION ACT 1960
       ST. JOSEPH'S COMPLEX, JAYALAKSHMIPURAM
       MYSORE-570 012
       REP BY ITS SECRETARY
       REV.FR.THOMAS B.D'SOUZA

2.     THE HEAD MISTRESS
       SAINT JOSEPH'S PRIMARY SCHOOL
       JAYALAKSHMIPURA
       MYSORE-570 012.

3.     THE DEPUTY DIRECTOR
       PUBLIC INSTRUCTIONS
       MYSORE DISTRICT
       MYSORE-570 001.
                                   ... RESPONDENTS
(BY SRI.H.P.VEERABHADRASWAMY,
    ADVOCATE FOR R1 AND R2;
    SRI. C.N. MAHADESHWARAN, AGA FOR R3)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER DATED 24.07.2018 PASSED IN WP
NO.11940-941/2010 AND WP.NO.32226/2010 (S-DIS) BE
DISMISSED   AND    WP.NO.32226/2010   (S-DIS)  BE
ALLOWED AS PRAYED FOR BY ALLOWING THIS WRIT
APPEAL WITH COSTS THROUGH OUT.
                              3




    THIS WRIT APPEAL COMING ON FOR ORDERS,
THIS DAY, NAGARATHNA J., DELIVERED THE
FOLLOWING:

                       JUDGMENT

This appeal was listed on several occasions so as to

enable the parties to arrive at settlement in the matter.

2. Today the learned counsel for the respective

parties submitted in unison that there is settlement

between the parties inasmuch as the employee has since

deceased and his legal representatives have decided to

settle the matter with the respondent-Management school.

3. Learned counsel for the respective parties

submitted that the legal representatives of the deceased

employee who are appellants herein would not press the

appeal any further in view of the respondent-Management

school paying a sum of Rs.2,40,000/- to them as ex-gratia

payment.

4. It is submitted at the Bar that in view of the

settlement arrived between the parties, it is wholly

unnecessary to entertain the appeal further so as to decide

on merits.

5. Submission of learned counsel for the

respective parties is placed on record.

6. Learned counsel for the respondent Nos.1 and

2, Sri H.P.Veerabhadraswamy has handed over the

demand draft bearing No. 426429 for a sum of

Rs.2,40,000/- dated 16.08.2021 drawn on The South

Indian Bank, Jayalakshmipuram Branch in the name of

Smt. D. Sarvamangalamma, the widow of deceased

employee Sri.B.V.Mahesh Kumar. Learned counsel for the

appellants has acknowledged the receipt of the said

demand draft.

7. In view of the aforesaid submission, the appeal

is dismissed as not pressed.

8. It is further observed that the appellants have

no further claim against the respondent-Management

school.

9. Learned Additional Government Advocate

appearing for the State submitted that since the parties

have settled the matter, respondent No.3 - Department

accepts the said settlement.

Sd/-

JUDGE

Sd/-

JUDGE

SSD