- 1 - NC: 2025:KHC:1531 WP No. 32702 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 32702 OF 2024 (GM-CPC) BETWEEN: 1. T. GOPALKRISHNA S/O LATE THIMMARAYAPPA AGED ABOUT 62 YEARS R/AT NO.117/55, 2ND MAIN ROAD CHAMARAJAPET, BENGALURU-560018. 2. SMT.K.M.VIJAYA W/O T.GOPALAKRISHNA AGED ABOUT 57 YEARS R/AT NO.117/55, 2ND MAIN ROAD CHAMARAJAPET, BENGALURU-560018. 3. CHETHAN.G.K, S/O T. GOPALAKRISHNA AGED ABOUT 34 YEARS R/AT NO.16/1/112, VAJRA VISTA 2ND CROSS, KRISHNA GARDEN 7TH STAGE, BEML LAYOUT, R.R.NAGAR BENGALURU-560098. 4. THRILOK.G.K S/O T. GOPALAKRISHNA AGED ABOUT 32 YEARS R/AT NO.117/55, 2ND MAIN ROAD CHAMARAJAPET, BENGALURU-560018. 5. JAYANTH.G.K S/O T. GOPALAKRISHNA AGED ABOUT 30 YEARS R/AT NO.117/55, 2ND MAIN ROAD CHAMARAJAPET, BENGALURU560018 Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1531 WP No. 32702 of 2024 6. T. MANOHARA S/O LATE THIMMARAYAPPA AGED ABOUT 60 YEARS R/AT NO.137/32, 4TH CROSS 2ND MAIN ROAD, CHAMARAJAPET BENGALURU-560018. 7. R.RANGANATH S/O LATE RANGASWAMAPPA AGED ABOUT 75 YEARS R/AT NO.40/1, 5TH CROSS 2ND MAIN ROAD, CHAMARAJAPET BENGALURU-560018. 8. M.PRAJWAL S/O T.MANOHARA AGED ABOUT 25 YEARS R/AT NO.137/32, 4TH CROSS 2ND MAIN ROAD, CHAMARAJAPET BENGALURU-560018 REPRESENTED BY HIS GPA HOLDER T.MANOHARA R6., …PETITIONERS (BY SRI. M B NARAGUND, SENIOR COUNSEL FOR SMT. PRIYA N.,ADVOCATE) AND: 1. NIL …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT QUASHING ANNEXURE-A AND B THE COMPROMISE PETITION AND THE ORDER TO DRAW COMPROMISE DECREE DATED: 23.02.2024 IN OS NO. 6199/2005 ON THE FILE OF 1ST ADDL., CITY CIVIL JUDGE AT BENGALURU (CCH-02) PASSED IN LOK-ADALATH AND DIRECT THE TRIAL COURT/LOK-ADALATH TO CONSIDER - 3 - NC: 2025:KHC:1531 WP No. 32702 of 2024 THE COMPROMISE PETITION (MODIFIED) DATED: 30.11.2024 PLACED ON RECORD VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the plaintiffs and defendants seeking for the following releifs: a) Issue writ, direction in the nature of certiorari by quashing Annexure-A and B, the compromise petition and the order to draw compromise decree dated: 23.02.2024 in O.S.No.6199/2005 on the file of I Addl. City Civil Judge, Bengaluru passed in Lok Adalath, b) Issue writ, direction in the nature of mandamus directing the Trial Court/Lok Adalath to consider the compromise petition (modified) dated 30.11.2024 paced on record vide Annexure-D in the interest of justice and equity. - 4 - NC: 2025:KHC:1531 WP No. 32702 of 2024 2. The plaintiffs filed the suit for partition and separate possession. On service of suit summons, the defendants have appeared through counsel. Thereafter, with the intervention of the family members and friends, the parties have settled the dispute amongst themselves and accordingly filed a compromise petition before the Trial Court. The Trial Court transferred the same to the Lok Adalath. The compromise petition has been accepted by the Lok Adalath and the Judicial Conciliator of the Lok Adalath directed the office to draw final decree in terms of the compromise petition. Meanwhile, the parties wanted to file a fresh modified compromise petition because of errors in the earlier compromise petition and hence, filed an application under Section 152 and 153 read with Section 151 of CPC before the Trial Court. The Trial Court, by impugned order has rejected the same on the ground that since the compromise petition has been accepted by the Lok Adalath, the Trial Court has no jurisdiction to entertain the application. Therefore, the parties are before this Court seeking for a direction to the trial Court to set aside - 5 - NC: 2025:KHC:1531 WP No. 32702 of 2024 the earlier compromise petition and compromise decree and direct the Trial Court to accept the fresh compromise petition. 3. This Court, by order dated 05.12.2024 has passed the following order: “Learned Senior counsel for the petitioners submit that all the parties are willing to undo the compromise that was reported before the Lok-Adalath but the trial Court has refused to accept the request on the ground that the compromise was reported before the Lok- Adalath. Learned Senior counsel for the petitioners submit that even now the parties are consensus ad idem to revisit the compromise. Therefore, in order to know the willingness of all the parties to undo the compromise, learned counsel for the petitioners is directed to keep all the parties present on 20.12.2024. List this petition on 20.12.2024.” - 6 - NC: 2025:KHC:1531 WP No. 32702 of 2024 4. Pursuant to the above said order, all the parties in the suit are present before this Court and filed affidavits stating that there were mistakes in the earlier compromise petition and hence the compromise decree requires to be recalled. They have also filed a fresh modified compromise petition before this Court. 5. The affidavits and modified compromise petition signed by all the parties are taken on record. 6. Under the circumstances and in the interest of justice and equity, the matter requires to be allowed and compromise decree dated 23.02.2024 is required to be set aside. 7. Accordingly, the following order is passed: ORDER a) The writ petition is allowed. b) The compromise petition and the order to draw compromise decree dated 23.02.2024 in - 7 - NC: 2025:KHC:1531 WP No. 32702 of 2024 O.S.No.6199/2005 on the file of I Addl. City Civil Judge, Bengaluru passed in Lok Adalath, is set aside. c) The Trial Court is directed to consider the fresh compromise petition (modified) and pass appropriate orders in accordance with law. d) Registry is directed to send the fresh compromise petition (after retaining the Photostat copy) and copy of this order to the concerned Trial Court. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 11