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2025 Supreme(Online)(Kar) 24359

KARNATAKA HIGH COURT
M.G.S. KAMAL, J
TUMKURU CITY CORPORATION TUMKURU DISTRICT – Appellant
Versus
M/S UNIVERSAL TRANSMISSION LINE PRODUCT – Respondent


Advocates:
For the Appellants/Petitioners: Smt. Sakshi M. Krishna, Sri. Subramanya R.
For the Respondents: Sri. S V Prakash

Table of Content
1. petition filed for judicial review of compromise. (Para 1 , 2)
2. appellant contends compromise invalid due to lack of authorization. (Para 3 , 4)
3. court emphasizes adherence to proper legal procedure. (Para 6 , 9 , 10 , 11)
4. compromise deemed unsustainable due to procedural violations. (Para 7 , 8 , 12)
5. writ allowed and earlier order quashed. (Para 13 , 14)

ORAL ORDER

This petition is by petitioner/defendant in a suit in O.S.No.168/2013 filed by the respondent/plaintiff for recovery of a sum of Rs.21,50,199/- together with interest at 18% per annum from 31.08.2012 till its realisation purportedly payable by the petitioner/defendant towards the work of maintenance of electricity lights which was awarded by the petitioner/defendant to the respondent/ plaintiff.

2. The order under challenge is one purportedly passed in Lokadalat held on 03.09.2016. In which, taking note of a petition filed under Order XXIII Rule 3 of CPC, the aforesaid suit has been decreed for the suit claim and for payment of interest as agreed. It appears pursuant to the said compromise that was accepted in the Lokadalat, the respondent/plaintiff initiated proceedings in Execution Petition No.36

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