IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5459 OF 2024 (GM-CPC)

BETWEEN:

1. SMT. JAYARANGAMMA W/O LATE GOVINDEGOWDA AGED ABOUT 61 YEARS R/AT KALASINDA VILLAGE KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116.

2. SRI B.N. SWAMY NANJEGOWDA AGED ABOUT 45 YEARS R/AT BELSINDA VILLAGE KASABA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116.

…PETITIONERS (BY SRI SATHISHA D.J, ADV.)

AND:

Digitally signed by

1. SMT. RATHNAMMA NANDINI M S W/O RAJGOWDA Location:

HIGH COURT AGED ABOUT 54 YEARS OF R/AT GANESHANAGARA KARNATAKA GOORANAHALLI EXTENSION CHANANRAYAPATNA TOWN HASSAN DISTRICT - 573 116.

2. SMT. JAYAMMA W/O GOVINDEGOWDA AGED ABOUT 64 YEARS R/AT GANESHANAGARA CHANNARAYAPATNA TOWN HASSAN DISRTICT - 573 116.

…RESPONDENTS (BY SRI RAJARAMA S, ADV.)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-E, DTD 20.2.2010 IN O.S.NO.35/2010 BEFORE CIVIL JUDGE JUNIOR DIVISION AT CHANNARAYAPATNA.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Petitioners are before this Court under Article 227 of the Constitution of India with a prayer to set aside the order dated 20.02.2010 passed in O.S.No.35 of 2010 which was pending before the Court of Civil Judge (Jr Dn), Channarayapatna by the Lok Adalath, based on the compromise petition filed by the parties to the suit.

2. Heard the learned counsel appearing for the parties. 3. O.S.No.35 of 2010 was filed before the jurisdictional civil Court by respondent no.1 herein seeking the relief of partition and separate possession of the suit schedule property. In the plaint in O.S.No.35 of 2010 it is averred that, the plaintiff is the daughter of defendant nos.1 & 2 in the said suit. One Sri. Govindegowda is arrayed as defendant no.1 and his wife Smt. Jayamma is arrayed as defendant no.2 in the suit. At the request of the parties, the suit was referred to Lok Adalath and before the Lok Adalath, the parties had filed a compromise petition under Order 23 Rule 3 of CPC, based on which the suit was disposed of in terms of the compromise petition by order dated 20.02.2010. Challenging the said order passed by the Lok Adalath, the petitioners are before this Court.

4. Learned counsel for the petitioners submits that petitioner no.1 is the wife of Govindegowda and petitioner no.1 has executed a Gift Deed in favour of petitioner no.2 in respect of the property which was subject matter of the suit in O.S.No.35 of 2010. Petitioners are not parties to O.S.No.35 of 2010. The plaintiff and defendant no.2 were not at all related to Govindegowda. Govindegowda has died on 17.09.2020. Thereafter, the plaintiff and defendant no.2 in O.S.No.35 of 2010 are trying to interfere with the property. He also submits that the Lok Adalath could not have disposed of the suit for partition on the basis of the settlement reported by the parties in view of the judgment of the Co-ordinate Bench of this Court in the case of SMT. RENUKA V. SRI RAMANAND & ANR in W.P.No.103766 of 2018, disposed of on 31.03.2020 Accordingly, he prays to allow the petition.

5. Per contra, learned counsel for the respondents has opposed the prayer made in the petition. He submitted that petitioners are total strangers to the plaintiff and defendants in O.S.No.35 of 2010. At their request, the order impugned cannot be set aside. If they are aggrieved by the said order, they are required to file a separate suit. Accordingly, he prays to dismiss the petition.

6. Perusal of the material on record would go to show that plaintiff in O.S.No.35 of 2010 claim to be the foster daughter of defendant no.1 - Govindegowda and defendant no.2 - Jayamma. The parties had settled the inter se dispute in O.S.No.35 of 2010 and had accordingly filed a compromise petition before the Lok Adalath and based on the same vide the order impugn