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2025 DAILYLAW 12185 (KAR)

HUCHAPPA v. SHIVANAND AND ANR

WP/201176/2025 · 2025-07-01

M I Arun

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-K:3529 WP No. 201176 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201176 OF 2025 (GM-CPC) BETWEEN: HUCHAPPA S/O CHANDRAPPA HARIJAN, AGE: 62 YEARS, OCC: RTD. & AGRICULTURE, R/O: GOUR (B), TQ. AFZALPUR, NOW R/O SHARAN SIRSAGI VILLAGE, TQ. AND DIST. KALABURAGI. …PETITIONER (BY SMT. SUJATHA, ADVOCATE) AND: 1. SHIVANAND S/O CHANDRAPPA HARIJAN, AGE: 65 YEARS, OCC: AGRICULTURE, 2. LAXMIKANTH S/O SHIVANAND HARIJAN, AGE: 28 YEARS, OCC: AGRICULTURE, BOTH R/O GOUR (B) TQ. AFZALPUR, DIST. KALABURAGI-585301. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT MORE, SO IN THE NATURE OF CERTIORARI QUASHING THE COMPROMISE DECREE DATED 13.07.2019, ARRIVED BY THE PETITIONER AND RESPONDENTS HEREIN IN O.S.NO.24/2018 ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE AFZALPUR VIDE ANNEXURE-A. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3529 WP No. 201176 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner in the instant writ petition has challenged the compromise decree passed in O.S.No.24/2018. He has challenged the same on the ground that, he was made to enter into the said compromise because of coercion and it was not based on his own volition. 2. It is seen from the records that, the compromise petition was filed before the Senior Civil Judge & JMFC, Afzalpur on 13.07.2019 and on 06.08.2019 decree has been drawn. There is no material to show that the petitioner has filed any police complaint regarding kidnapping or threats held out to him which forced him into the compromise. It is being argued for the first time - 3 - HC-KAR NC: 2025:KHC-K:3529 WP No. 201176 of 2025 before this Court. Further, the writ petition is filed on 12.12.2024. 3. The materials produced along with the writ petition and the pleadings made there under does not reveal that the compromise was not entered into out of free consent. 4. Under the said circumstances, I do not see any reason to entertain the writ petition. Accordingly, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 17 CT:SI