IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 27559 OF 2023 (GM-CPC)

BETWEEN:

1. SMT. G. KARIYAMMA, W/O. LATE NARASAPPA, D/O. GOVINDAPPA @ DODDAGOVINDAPPA, AGED ABOUT 64 YEARS, R/OF HULLEHALLY, BIRUR HOBLI, KADUR TALUK, CHIKMAGALURU DISTRICT - 577 548.

…PETITIONER (BY SRI. GNANESHA N I., ADVOCATE)

AND:

1. SMT. LAKSHMAMMA, SINCE DEAD BY HER LRS, R2 TO R4 ARE LR'S AS PER ORDER DATED

05.11.2025.

Digitally signed by KAVYA R 2. SRI. THIMMAPPA, Location: High S/O. LATE DODDA GOVINDAPPA, Court of AGED ABOUT 62 YEARS, Karnataka OCC AGRICULTURIST, R/OF JODIBOKIERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK, CHIKMAGALURU DISTRICT - 577 228.

3. SRI. RAJAPPA, S/O. LATE DODDA GOVINDAPPA, AGED ABOUT 56 YEARS, OCC AGRICULTURIST, R/OF SRI LAXMINARAYANA FLOOR MILL, CHIKKINGALA VILLAGE AND POST, BIRUR HOBLI, KADUR TALUK, CHIKMAGALURU DISTRICT - 577 548.

4. SRI. CHANDRAPPA, S/O. LATE DODDA GOVINDAPPA, AGED ABOUT 51 YEARS, OCC AGRICULTURIST, R/OF JODIBOKIERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK, CHIKMAGALURU DISTRICT - 577 228.

…RESPONDENTS (BY SRI.G.LAKSHMEESH RAO., ADVOCATE FOR R3 AND R4;

SRI.P.N.HARISH., ADVOCATE FOR R2;

V/O/D 05.11.2025 R2 TO R4 AS LR'S OF DECEASED R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 13.07.2023 PASSED BY THE CIVIL JUDGE AND ADDL JMFC TARIKERE IN OS NO.71/2012 ON IA NO.7 PRODUCED AT ANNX-G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

This writ petition under articles 226 and 227 of the Constitution of India is filed with a prayer to set aside the order dated 13.07.2023 passed on I.A.No.7 in O.S.No.71/2012 by the Court of Civil Judge and Additional, JMFC, Tarikere.

2. Heard the learned counsel for the parties.

3. Facts leading to the filing of this writ petition narrated briefly are that a suit in O.S.No.71/2012 was filed before the Jurisdictional Civil Court at Tarikere by respondent No.2 herein seeking the relief of partition and separate possession, claiming 1/4^th share in suit schedule properties. It appears that parties to the suit had settled their interse dispute in O.S.No.71/2012 and therefore the parties to the suit were referred to the Lok Adalath and based on the compromise petition which was filed on behalf of the parties in O.S.No.71/2012, the Lok Adalath disposed of O.S.No.71/2012 in terms of the compromise reported before it by the parties. It appears that accordingly an award was drawn before the Lok Adalath on 21.05.2012 and subsequently, a final decree was drawn by the Trial Court on 04.01.2013. I.A.No.7 was filed on behalf of the petitioner herein in O.S.No.71/2012 with a prayer to declare the compromise decree passed in O.S.No.71/2012 as Void ab initio.. The Trial Court vide the order impugned has held that the said application is not maintainable. Being aggrieved by the same, the petitioner is before this Court.

4. Learned counsel for the petitioner having reiterated the grounds urged in this petition submits that petitioner is not a party to the compromise decree passed in O.S.No.71/2012. Therefore, Trial Court was not justified in rejecting I.A.No.7. He submits that petitioner has got a good case on merits and the parties to the suit, in the absence of the petitioner who has got a right over the suit schedule property have clandestinely entered into a settlement, based on which the suit has been decreed. 5. Per contra, learned counsel appearing for the respondents fairly submit that petitioner is not a party to the suit and he is not a signatory to the compromise petition based on which a compromise decree has been passed in O.S.No.71/2012. The Trial Court having appreciated this aspect of the matter, placing reliance on the judgment of the Division Bench of the High Court of Andhra Pradesh in the case of Batchu Subba Laks