Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 12809 (KAR)

MR. P M GANAPATHY v. KANDRATHANDA P KUTTAPPA

WP/339/2022 · 2025-03-26

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:12912 WP No. 339 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 339 OF 2022 (GM-CPC) BETWEEN: MR. P M GANAPATHY S/O LATE P M MADAIAH AGED ABOUT 51 YEARS POST BOX NO 10 DEVANOOR VILLAGE AND POST VIRAJPET TALUK KODAGU DISTRICT - 571219. …PETITIONER (BY SRI. SURESH S LOKRE, SENIOR COUNSEL FOR SRI. JAGAN MOHAN M T., ADVOCATE) AND: 1. KANDRATHANDA P KUTTAPPA S/O LATE SRI K P PONNAPPA AGED ABOUT 54 YEARS 2. MR KANDRATHANDA SACHIN KUTTAPPA W/O KANDRATHANDA P KUTTAPPA AGED ABOUT 44 YEARS BOTH ARE PROPRIETORS OF M/S MOOKAMBIKA ENTERPRISES AND AGENCIES AT 14TH MAIN ROAD, GONIKOPPAL TOWN VIRAJPET TALUK, KODAGU DISTRICT – 5712. …RESPONDENTS (BY SRI.H N MANJUNATH PRASAD., ADVOCATE FOR R1 & R2) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12912 WP No. 339 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED AWARD DATED: 12.08.2017 PASSED BY THE HON’BLE LOK-ADALAT COMMITTEE IN OS NO.57/2013, ON THE FILE OF THE HON’BLE SENIOR CIVIL JUDGE AND JMFC AT, VIRAJPET VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the defendant under Article 227 of the Constitution of India, challenging the order dated 12.08.2017 passed by the Lok-Adalat Committee in O.S.No.57/2013 on the file of the Senior Civil Judge and JMFC, Virajpet, whereby the plaintiff has been directed to pay a sum of Rs.50 lakhs. 2. After service of notice, respondent is represented by counsel. Before this Court, the parties have agreed that the interest agreed by the parties at 11.7% p.a. may be reduced to 9%. The petitioner has also agreed to pay 9% interest. According to the parties, the total amount of interest comes to around Rs.15,00,000/- The petitioner - 3 - NC: 2025:KHC:12912 WP No. 339 of 2022 has also agreed to pay the same, if this Court grants some reasonable time. 3. In view of the above, the following order is passed: (i) The writ petition is disposed of. (ii) The petitioner is directed to deposit Rs.5,00,000/- on or before 11.04.2025, a further sum of Rs.5,00,000/- on or before 09.05.2025 and further sum of Rs.5,00,000/- on or before 03.06.2025 before the trial court. (iii) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 52