- 1 - NC: 2025:KHC:4414 WP No. 391 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 391 OF 2025 (GM-CPC) BETWEEN: SRI SHIVANANJEGOWDA S/O LATE NANJAPPA AGED ABOUT 61 YEARS R/AT LAKSHMINARAYANA NILAYA RAMESHWARA LAYOUT CHANNARAYAPATTANA TOWN HASSAN DISTRICT- 573116 …PETITIONER (BY SRI. UMA SHANKAR M N.,ADVOCATE) AND: 1. SRI B V NAGARAJ S/O C K VENKATASUBBAIAH AGED ABOUT 63 YEARS 2. SMT GEETHA W/O B V NAGARAJ AGED ABOUT 57 YEARS 3. SMT B V NANDINI D/O B V NAGARAJ W/O RAJU AGED ABOUT 39 YEARS 4. SMT B V DIVYA D/O B V NAGARAJ W/O G R HEDGE AGED ABOUT 37 YEARS R1 TO R ARE RESIDING AT GADDEBINDENAHALLI VILLAGE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4414 WP No. 391 of 2025 KASABA HOBLI, CHANNARAYAPATTANA TALUK. HASSAN DISTRICT – 573116. 5. SMT JAYAMALA W/O LATE B V KRISHNAMURTHY AGED ABOUT 47 YEARS 6. SMT SAHANA D/O B V KRISHNAMURTHY W/O GIRISH AGED ABOUT 37 YEARS 7. MISS AISHWARYA D/O LATE B V KRISHNAMURTHY AGED ABOUT 35 YEARS 8. SRI SANATH URF BALASUBRAMANYA S/O LATE B V KRISHNAMURTHY AGED ABOUT 32 YEARS R5 TO R8 ARE RESIDING AT ENGINEER DEVARAJU HOUSE ROAD DADADAHALLI IYANGAR VATARA BEHIND BANK OF BARODA CHANNARAYAPATNA TOWN HASSAN DISTRICT – 573116. 9. SRI C V MANJUNATH S/O C K VENKATASUBBAIAH AGED ABOUT 57 YEARS 10. SMT SUMA D/O C V MANJUNATH AGED ABOUT 47 YEARS 11. MISS. NISHA D/O C V MANJUNATH AGED ABOUT 22 YEARS. - 3 - NC: 2025:KHC:4414 WP No. 391 of 2025 R9 TO R11 ARE R/AT NO.138, 2ND CROSS, 4TH MAIN ROAD GOWRISHANKARA NAGAR NANJANGUD ROAD, MYSURU-570025. 12. SMT. LAXMI @ NAGALAKSHMI W/O. C.K. VENKATASUBBAIAH AGED ABOUT 72 YEARS RESIDING AT VAIBHAVI NILAYA BESIDE VEENA GARMENTS 11TH CROSS ROAD, VINAYAKA ROAD JANATHA NAGAR MYSURU-570009. 13. SMT. UMA W/O. C.K. VENKATASUBBAIAH AGED ABOUT 70 YEARS R/A MARIGUDI ROAD CHANNARAYAPATNA TOWN HASSAN DISTRICT – 573116. 14. SRI. SATYANARAYANA C.V. S/O C.K. VENKATASUBBAIAH AGED ABOUT 63 YEARS R/A GADDEBINDENAHALLI VILLAGE KASABA HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573116. 15. SRI. B.V. RAMU S/O. C.K. VENKATASUBBAIAH AGED ABOUT 58 YEARS R/A N.R. COMPOUND, MARIGUDI BEEDI CHANNARAYAPATNA TOWN HASSAN DISTRICT - 573116 …RESPONDENTS (BY SRI.ANIL CHINIWAL., ADVOCATE FOR R5 TO R11) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS OF THE PROCEEDINGS AT I.A.NO. 3 IN O.S.NO. 30/2023 ON THE FILE OF THE LEARNED ADDITIONAL SENIOR - 4 - NC: 2025:KHC:4414 WP No. 391 of 2025 CIVIL JUDGE AND JMFC, CHANNARAYAPATNA AT ANNEXURE-A AND AFTER EXAMINING THE SAME, QUASH THE ORDER DTD. 11.09.2023 AT I.A.NO.3 IN O.S.NO. 30/2023 PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC CHANNARAYAPATNA AT ANNEXURE-A. 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 Sri Anil Chiniwal undertakes to appear for respondent Nos. 5 to 11. 2. This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, praying to set aside the order dated 11.09.2023 passed on IA No.3 in O.S.No.30/2023 by the Additional Senior Civil Judge and JMFC, Channarayapatna, Hassan. 3. This Court, on 10.01.2025 issued notice to respondents. Further proceedings in O.S.No.30/2023 was stayed till the next date of hearing. - 5 - NC: 2025:KHC:4414 WP No. 391 of 2025 4. The petitioner and respondent Nos. 5 to 11 have settled the matter and filed a compromise petition under Order XXIII Rule 3 of CPC. 5. The petitioner and respondent Nos. 5 to 11 are present before this Court. They are represented by their counsel and they have been identified by their respective counsel. They submit that they are agreeable for settlement on their volition without duress from anybody. 6. The compromise petition is taken on record. The same is extracted below: “1. It is submitted that the address of the plaintiff for the purpose of service of notice etc., from this Hon'ble Court is that of his counsel Sri M.Ν.Umashankar and Sri Chandrasekhar. K, Advocates, No.632, 1st Floor, 1st Cross, 1st Phase, Indiranagar 1st Stage, Bangalore - 560038. 2. It is submitted that the address of the defendants for the purpose of service of notice etc., from this Hon'ble Court is as stated in the cause title and represented by their advocate. - 6 - NC: 2025:KHC:4414 WP No. 391 of 2025 3. It is submitted that following at the instance of well-wishers, advocates of both the parties and this Honourable Court, the Plaintiff and Defendant No's 5 to 11 have willingly and amicably agreed to settle the present suit through a mutual compromise. This decision has been made voluntarily and in a spirit of cooperation ensuring a harmonious resolution to the dispute at hand. It is submitted that both parties have reached a comprehensive agreement in respect of the suit schedule property and have jointly filed a compromise petition to formalize the settlement before this Honourable Court. 4. It is submitted that the above suit is filed by the plaintiff for the following reliefs: - "Therefore that for the reasons above, the plaintiff respectfully prays that this Hon'ble Court may be pleased to grant :- i. Judgment and Decree of specific performance of agreements of sale dated 22/09/1999, 13/10/2009, 23/12/2014, 25/03/2015, 16/12/2016, 15/02/2017 in respect of the suit schedule property, in the interest of justice. ii. Judgment and decree of permanent injunction restraining the defendants or their agents or anybody claiming on their behalf from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property, in the interest of justice. - 7 - NC: 2025:KHC:4414 WP No. 391 of 2025 iii. Judgment and decree directing the defendants to pay compensation for breach of contract in addition to grant of specific performance as the justice demands in the facts and circumstances of the case, in the interest of justice iv. Judgment and decree directing the defendants to refund Rs. 1,65,00,000/- (Rupees One Crore Sixty Five Lakhs Only) with interest as agreed in the agreements of sale deed dated 22/09/1999, 13/10/2009, 23/12/2014, 25/03/2015, 16/12/2016, 15/02/2017 in case, this Hon'ble Court comes to the conclusion that the plaintiff is not entitled for specific performance of agreements of sale as prayed in the suit, in the interest of justice. v. Pass any other appropriate order or judgment as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice.” 5. The description of the Suit Schedule Property is as follows: - Agricultural land measuring 11 Acres 31 Guntas in Sy.No.13/2 including 23 Guntas of Karab land of Bindenahalli Village, Kasaba Hobli, Channarayapatna, Hassan District bounded on East by: Another land of plaintiff S.N. Gowda West by: Land of Lakshminarayana North by: Land of Channegowda and others South by: Property of Rajannachar and others - 8 - NC: 2025:KHC:4414 WP No. 391 of 2025 6. It is submitted Late C.K. Venkatasubbaiah, S/o C.K. Ramaiah was the absolute owner and in possession of land measuring 11 Acres 31 Guntas including 23 Guntas of Karab situated in SyNo. 13/2 of Bindenahally Village, KasabaHobli, Channarayapatna Taluk Hassan District and the said agricultural land is hereinafter referred as the "suit schedule property" for brevity. 7. It is submitted that the Defendants No 2 to 11 are the legal heirs and family members of Late C.K Venkatasubbaiah and to meet this family necessities and also to discharge the loans obtained for the family necessities and also to develop his other properties, Late C.K. Venkatasubbaiah entered into agreement of sale dated 22-9-1999 with the plaintiff herein for a total sale consideration of Rs. 20,00,000/- (Rupees Twenty Lakhs). It is submitted that as per the agreement between parties an amount of Rs. 10,00,000/- (Rupees Ten lakhs) was paid by the plaintiff to Late C.K. Venkatasubbaiah in the presence of the witnesses and the Late C.K. Venkatasubbaiah had agreed to execute the registered sale deed after the disposal of O.S. No. 73/1987 field by his brothers against him in respect of the suit schedule property. The said suit was pending consideration before the Learned Civil Court at Channarayapatna. It is submitted that both the plaintiffs and C.K. - 9 - NC: 2025:KHC:4414 WP No. 391 of 2025 Venkatasubbaiah were good friends. The plaintiff herein was managing the suit schedule property as per the request made by C.K. Venkatasubbaiah. It is submitted that Late Venkatasubbiah had also executed a Power of Attorney in favour of the plaintiff herein to manage the suit schedule property. 8. It is submitted that the plaintiff was the managing the suit schedule property as the power of attorney holder of C.K. Venkatasubbaiah till the date agreement of sale dated 22-9-1999. It is submitted that on the date of agreement of sale, the Khatha of the suit schedule property was recorded in the name of C.K. Venkatasubbaiah. It is submitted under the agreement of the sale dated 22-9-1999 possession of the suit schedule property was delivered by C.K Venkatasubbaiah to the plaintiff herein in the presence of the witnesses and the plaintiff was put in possession of the suit schedule property and as on today, the plaintiff is in possession and enjoyment of the suit schedule property. 9. The plaintiff has developed the suit is schedule property, made it fit for cultivation and is currently growing sugar cane crops and furthermore the plaintiff has also installed bore well in the suit - 10 - NC: 2025:KHC:4414 WP No. 391 of 2025 schedule property and has been paying the revenue taxes on the suit schedule property till date. 10.It is submitted that subsequently from time to time the sale consideration has been enhanced under 6 agreements of sale dated 22/09/1999, 13/10/2009, 23/12/2014, 25/03/2015, 16/12/2016, 15/02/2017 in respect of the suit schedule property. It is submitted that the petitioner has paid the following amounts to the respondents herein under six agreements of sale and the respondents have received the same in the presence of the witnesses. 1) 22-09-1999 Rs. 10,00,000/- 2) 13-10-2009 Rs. 15,00,000/- 3) 23-12-2014 Rs. 20,00,000/- 4) 25-03-2015 Rs. 15,00,000/- 5) 16-12-2016 Rs. 40,00,000/- 6) 15-02-2017 Rs. 65,00,000/- Total Rs. 1,65,00,000 It is submitted that the total sale consideration amount has been enhanced from Rs.20,00,000/- to Rs.3,76,80,000/- and the balance sale consideration to be paid is Rs. 2,11,80,000/-. 11.It is submitted that in the above suit interim order of injunction restraining alienation of the suit schedule property is operating against all the - 11 - NC: 2025:KHC:4414 WP No. 391 of 2025 Defendants till date. It is submitted that temporary injunction restraining all the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property and also restraining the defendants from removing or causing any harm to the standing crops growing on the suit schedule property is also operating against all the Defendants in O.S No 344/2024. 12.It is submitted that the Plaintiff and the Defendants 5 to 11 herein have amicably settled their dispute in respect of their suit schedule property and Defendants 5 to 11 are not at all in issue with the plaintiff with respect of the prayer made in the above suit. It is submitted that Defendants 5 to 11 have no objection to the relief sought by the plaintiff in the above suit. They have willingly entered into a compromise by receiving their respective shares of the balance sale consideration amount and having fully satisfied the plaintiff's claim, the defendants have agreed into the compromise as a complete and final settlement of the matter and they have no further objections to the decree being passed as prayed by the plaintiff. 13. It is submitted that the suit is compromised in between Plaintiff and Defendants 5 to 11 as per the following terms and conditions: - - 12 - NC: 2025:KHC:4414 WP No. 391 of 2025 i. The Defendants 5 to 11 have confirmed the agreements of sale and also confirmed that they have signed the 6 agreements of sale mentioned above and further confirmed the receipt of sale consideration amount mentioned in the said agreements of sale. ii. The Defendants 5 to 11 have also confirmed that the plaintiff is in possession and enjoyment of the suit property from the date of first agreement i.e. 22/09/1999 and till date. iii. The defendants 5 to 11 have also confirmed that the plaintiff has constructed the shed to store the agricultural produce cultivated on the suit schedule property and other agricultural articles and has also appointed a care-taker to the suit property. The Defendants 5 to 11 further confirmed that plaintiff has obtained power connection to the suit property and also installed borewell. iv. The Defendants 5 to 11 further confirmed that the plaintiff has been growing sugar cane crop in the suit schedule property and transporting the same to the Sugar Factory as stated in the plaint. v. The Defendants 5 to 11 have admitted the plaint averments and further confirmed that they are not at issue with the plaintiff in respect of the suit property and the claim made in the suit. - 13 - NC: 2025:KHC:4414 WP No. 391 of 2025 vi. The defendants 5 to 11 have agreed to execute the registered sale deed in respect of the suit property as prayed in the suit by receiving the balance sale consideration amount as mentioned in the demand drafts below. vii. The plaintiff has agreed to pay the balance sale consideration amount to the Defendants 5 to 11 in the following manner: - I. The plaintiff has agreed to pay Rs.70,60,000/- to Smt. Jayamala K.N. (Defendant No.5) on behalf of her family members who are the Defendants 6 to 8 and the same has been paid through D.D. No. 052174 dated 28/01/2025 drawn on Karnataka Bank Chennarayapatna Branch. II. The plaintiff has agreed to pay Rs.70,60,000/-to C.V. Manjunath (Defendants 9) on behalf of his family members who are the Defendants 10 & 11 and the same has been paid through D.DNo. 137055 dated 28/01/2025 drawn on Bank of Baroda Channarayapatna Branch. 14. It is submitted that the Defendants 5 to 11 have confirmed that they have already received their proportional share of sale consideration amount out of Rs.1,65,00,000/- already paid by the plaintiff and under this compromise the Defendants - 14 - NC: 2025:KHC:4414 WP No. 391 of 2025 5 to 11 have received the amounts through Demand Drafts as mentioned above. 15. It is submitted that the amount paid by the plaintiff to the Defendants 5 to 11 is the full and final settlement of the full sale consideration amount and full and final settlement of the claims of both the parties and the defendants have under taken that they will not create any encumbrance or third party rights in the suit property after this compromise and further undertaken that in respect any earlier third party rights created in the suit property without the knowledge of the plaintiff before or after the institution of the suit or during the existence of the sale agreements mentioned above the defendants 5 to 11 have undertaken that they will indemnify the plaintiff suitably and they further agreed that the claims of any third parties in the suit property shall be met or cleared out of the sale consideration amount paid to them by the plaintiff or received by them under this sale transaction. 16. It is submitted that the plaintiff and defendants have agreed that they will withdraw and clear all the pending litigations, civil or criminal proceedings filed or instituted by them against each other in connection with the suit schedule property. - 15 - NC: 2025:KHC:4414 WP No. 391 of 2025 17. It is submitted that the Defendants 5 to 11 further agreed and confirmed that the pleas or defence in the written statement filed by them shall be treated as not pressed and they are not at issue with the plaintiff in respect of any fact and law averred in the plaint and the Defendants 5 to 11 happily, voluntarily and with consent filed the present compromise petition without any coercion or undue influence and they undertake that they will pursue and convince the Defendants 1 to 4, their blood relatives to come forward to compromise the dispute with the plaintiff as the agreements of sale in between the plaintiff and the defendants 1 to 11 are valid and legal and enforceable in the eye of law and accordingly they have entered into compromise with the plaintiff. 18. It is submitted that the Defendants 5 to 11 undertakes that they will cooperate with the plaintiff in recording the revenue documents in the name of the plaintiff in respect of the suit schedule property and they also undertake that will give consent or no objection wherever and whenever necessary before any court or forum or any quasi- judicial authority. 19. It is submitted that the Defendants 5 to 11 undertake that they will file the present compromise petition in O.S. No.544/24 and also - 16 - NC: 2025:KHC:4414 WP No. 391 of 2025 agreed for the grant of final relief of permanent injunction as prayed in the said suit. 20.It is submitted plaintiff and the defendants have agreed to maintain cordial and peaceful and relationship in between them after this compromise and there shall not be any future litigation in between the plaintiff and the defendants 5 to 11 in respect of the suit schedule property before any court or forum. 21.The plaintiff has handed over the respective demand drafts mentioned above to the Defendants No. 5 to 11 today before this Honourable Court in full and final settlement of the claims of both the parties. 22. It is submitted that the compromise arrived between the plaintiff and the defendants 5 to 11 is lawful and valid and enforceable. The Defendants 5 to 11 undertakes to execute the registered sale deed in terms of the agreements of sale as per the compromise arrived before this Hon'ble Court without dragging the plaintiff to execution proceedings and it is also open for the plaintiff to get the sale deed registered through the process of the court in case of need and circumstances of the case. - 17 - NC: 2025:KHC:4414 WP No. 391 of 2025 Therefore, the plaintiff and defendants jointly and respectfully pray that this Honourable Court may be pleased to accept and record the compromise in between the plaintiff and the Defendants 5 to 11 in the interest of justice. SCHEDULE PROPERTY Agricultural land measuring 11 Acres 31 Guntas in Sy.No.13/2 including 23 Guntas of Karab land of Bindenahalli Village, Kasaba Hobli, Channarayapatna, Hassan District bounded on East by: Another land of plaintiff S.N. Gowda West by:Land of Lakshminarayana North by: Land of Channegowda and others South by: Property of Rajannachar and others.” 7. In view of the above, the following order is passed: (i) This writ petition is disposed of in terms of the compromise petition. (ii) The trial court is directed to draw a decree only in respect of defendant Nos. 5 to 11. (iii) In respect of other parties is concerned, the suit may be continued. - 18 - NC: 2025:KHC:4414 WP No. 391 of 2025 (iv) If the other parties file a compromise petition, the same may be considered in accordance with law. (v) The parties are directed to appear before the trial court on 15.02.2025, without any further notice. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 2 Sl No.: 1