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2026 Supreme(Online)(Kar) 6802
THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR
Smt. Radha Ex. W/o Puttaswamy (Divorced) – Appellant
Versus
Sri Puttaswamy – Respondent
WP 4579/2026
Important Points
Subject
Civil - Property Law
Act Referred
Constitution of India: Article 227
Headnote
Facts of the case:
The petitioners challenged a lower court's order which declined their request to enforce a delivery warrant for a property pursuant to a prior compromise decree. The matter involved disputes regarding possession and the sale proceeds of the property post-divorce arrangement among the parties.
Findings of Court:
The court ruled that the lower court should have enforced the compromise decree allowing the petitioners to recover the property. Furthermore, the respondent's claims of non-cooperation were unfounded as they had delayed actions necessary for compliance.
Issues: The main issues included whether the respondent had fulfilled the conditions of the compromise and whether the petitioners were entitled to a delivery warrant for the property.
Ratio Decidendi: The court determined that the respondent's failure to comply with the prior court's orders warranted the enforcement of the delivery warrant, thus affording the petitioner rightful possession of the property.
Result: Writ petition allowed; the impugned order of the lower court is reversed, and the delivery warrant is to be re-issued to reclaim possession of the property.
| Table of Content |
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| 1. identifies the parties and nature of the case. (Para 1 , 2 , 3 , 4 , 5) |
| 2. presents the arguments of both parties regarding compliance with prior court orders and issues related to property sale. (Para 6 , 7 , 8 , 9 , 10) |
ORAL ORDER
This petition by the respondents in F.D.P.No.5 of 2024 is directed against the impugned order passed on I.A.No.21, whereby the said application filed by the respondents under Section 151 CPC was allowed by the Trial Court.
2. Heard Sri.Kamaleshwara Poojary, learned counsel appearing for the petitioners and Sri.Pradeep Naik.K., learned counsel appearing for the respondent.
3. A perusal of the material on record will indicate that in the earlier round of litigation, arising out of O.S.No. 170 of 2015 and O.S.No.300 of 2018 in W.P.No.2725 of 2023, a compromise was entered into between the parties, which culminated in a compromise decree as hereunder:
IN THE COURT OF THE ADDL. CIVIL JUDGE AND JMFC., AT RAMANAGARA
O.S. No.170/2015
And
O.S. No.300/2018
WRIT PETITION NO. 2725 OF 2023 (GM-CPC) of Hon'ble High Court of Karnataka, Bengaluru.
Petitioner: 1. Smt. Radha,
Ex wife of Puttaswamy (Divorced),
Aged about 52 years,
2. Harshavardhana P,
S/o Puttaswamy,
Aged about 32 years,
3. Kumari. Nayana P,
D/o Putaswamy,
Aged about 27 years,
Petitioner Nos.1, 2 and 3 are R/at No.209, Bharath House Co-Operative Society Layout, 4th Cross, BHBCS Uttarahalli, Ward No.55, Padmanabhanagar, Bangalore – 560 061. -
Vs.
Respondent: Sri. Puttaswamy,
S/o Venkatappa
Aged about 60 years,
R/at Narayana Nilaya,
Behind Shan Takis,
Kuvempu Nagara,
Ramanagara Taluk,
Ramanagara District – 562 159.
O.S. 170/2015 OF ADDL. CIVIL JUDGE AND JMFC., RAMANAGARA
Plaintiff : Sri. Puttaswamy,
S/o Venkatappa,
Aged about 54 years,
R/at Nayana Nilaya, Behind Shan Takis,
Kuvempu Nagara,
Ramanagara Taluk, Ramanagara District – 562 159
Defendant: 1.Smt. Radha
W/o Puttaswamy Aged about 42 years,
2. Harshawardhan
S/o Puttaswamy
Aged about 25 years,
3. Kumari Nayana. P
D/o Puttaswamy
Aged about 21 years,
All Are Residing No. 209,
Bharath House, Co-Operative Society Layout,
4th Cross, BHBCS Uttarhalli, Ward No.55,
Padmanabhanagara, Bangalore-560 061.
OS 300/2018 OF ADDL. CIVIL JUDGE AND JMFC., RAMANAGARA
Plaintiff: 1. Master Harshawardhan
(Physically Disabled)
S/o Puttaswamy
Aged About 28 Years,
Represented By His Natural
Guardian/Mother
Smt. Radha W/o Puttaswamy
Aged About 47 Years,
2. Kumari Nayana. P
D/o Puttaswamy
Aged About 23 Years,
Represented By her GPA Holder
Smt. Radha W/o Puttaswamy
Aged About 47 Years,
Both are R/at No.209,
Bharath House, Co-Operative Society Layout,
BHBCS, Uttarahalli,
Ward No.55
Padmanabhanagar, Bengaluru-61
Defendant:
Sri. Puttaswamy
S/o Venkatappa
Aged About 57 Years,
Residing at Ground Floor,
Nayananilaya Behind Kuvempu Nagar
Ramanagara Taluk
Ramanagara Dist.-562159
DECREE
The writ petition is filed before Hon'ble High Court of Karnataka, Bangalore. against the order of this court dated 10.10.2022 passed on I.A.No.10 in O.S. No.170/2015, rejecting permission sought to sell suit schedule ‘A’ property. The suit is one for partition and to declare that the gift deed dated 30.08.2014 is not binding on the plaintiff.
The matter was referred to Mediation appointing Sri. N.Prashanth Chandra as learned Mediator. The Mediation Report is filed and it discloses that the parties have settled their dispute by entering into compromise, The Writ petition is coming on 20-09-2023 for final disposal before The Hon'ble Mr. Justice S.G. Pandit, the petitioners and their advocate Sri. Kamaleshwara Poojary and respondent and his advocate Sri. Pradeep Naik.K are present before the court and identified by their advocates.
The compromise entered into between the parties reads as follows:
This Hon'ble Court while considering the matter on its merits, was pleased to direct the parties to explore amicable settlement by mediation mechanism. Accordingly, the parties appeared before the Mediator on several dates and have arrived at an amicable solution, the terms and conditions of which are reduced into the writi
