The main legal point established in the judgment is the court's emphasis on amicable resolution of disputes and the issuance of licenses in compliance with the terms and conditions contained in the joint memos.

JUDGMENT

Hemant Chandangoudar, J. - These writ petitions are filed challenging the impugned orders passed by the Deputy Commissioner, Bengaluru Urban District refusing to grant license in favor of the petitioners for exhibition of cinemas under the provisions of the Karnataka Cinemas (Regulation) Act, 1964 (for short 'Act').

2. The petitioners and private respondents have filed joint memos stating that they have amicably resolved dispute among themselves and the respondents No. 4 to 7(a) in WP No. 20178/2021 and respondents No. 1 to 4(a) in WP No. 20181/2021 have no objection for granting licenses for exhibition of cinemas as per the provisions of Act subject to terms and conditions contained in the joint memo.

3. The petitioners and private respondents are present before the Court.

4. The joint memos filed by the parties are placed on record.

5. The terms and conditions of the joint memos read as follows:

(1) WP No. 20178/2021:

1. The Petitioner hereby concedes that the Respondents 4 to 7A herein are the absolute owners of the land and the buildings standing thereon comprised of Nartaki and Sapna theatres and adjacent thereto. The Petitioner hereby withdraws all the contentions raised by it in the writ petition made against the said respondents.

2. The Petitioner and all its Partners have decided and unanimously passed resolution to put an end to the litigation with regard to the Nartaki and Sapna forming part of the composite properties bearing municipal Nos. (old Nos. 14, 15 and 16) thereafter 24, 25 and 26 earlier, (property No. 26 now numbered as No. 26/1 and 26/2), situated on Kempe Gowda Road, Bengaluru-560009, and surrender vacant possession of the said premises along with the buildings to the Respondents 4 to 7A with a time frame, by conceding that the said properties belong to the Respondents 4 to 7A and authorising one of its partners, Sri Raj Y. Shinde to sign and act on behalf of the petitioner-Firm.

For the said purpose, the Petitioner has sought time to quit and surrender vacant possession of the Nartaki and Sapna Cinema Theatres during which period to permit it to exhibit the cinematograph films.

3. The Petitioner hereby further represents and assures the Respondents 4 to 7A that other than the Petitioner there are no others in occupation of the said two theatres and that the Petitioner has not inducted any other third party into any portion/s thereof nor will he induct any third parties until surrendering vacant possession thereof to the Respondents 4 to 7A herein. The petitioner is aware that the Respondent No. 7, Ms. Vasantha Cola @ C.K. Vasantha died a testamentary death on 10-09-2017 leaving behind her last Will dated 29-10-2013 bequeathing her properties including the Schedule II Property to the said lease deed dated 8-2-1970 that had been executed in favour of Santhosh Enterprises under whom the Petitioner claimed as a sub-tenant, in favour of the Respondents No. 4 and 7A herein.

4. Towards damages for the use and occupation of the said two theatres, from 1-6-2015 till date and the litigation expenses, the Petitioner has agreed and undertaken to pay a total sum of Rs. 1,25,00,000/- (One Crore Twenty Five Lakhs only), in three (3) equal instalments to the Respondents 4 to 7A commencing from this day and ending within 3 months. Accordingly, the Petitioner has this day paid a sum of Rs. 41,66,667-00 (Rupees Forty One Lakhs Sixty Six Thousand Six hundred and Sixty Seven only) by Pay orders made in favour of the Respondents 4 to 6 to the credit of the Respondents No. 4 to 7A being the first instalment towards the said arrears of damages as under:-

(a) a sum of Rs. 13,88,889-00 by pay order No. 002677 dated 17-08-2022 obtained from Bank of Baroda, Kempe Gowda Road, Bengaluru drawn in favour of Sri C. Krishna Kumar, the Respondent No. 6 herein; and

(b) a sum of Rs. 13,88,889-00 by pay order No. 002678 dated 17-08-2022 obtained from Bank of Baroda, Kempe Gowda Road, Bengaluru drawn in favour of Sri Krishna Jeet Cola, the Res