- 1 - HC-KAR NC: 2025:KHC-D:12800 WP No. 103858 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103858 OF 2025 (KLR-RES) BETWEEN: NAGANAGOUDA S/O SHIVANAGOUDA NEERALAGI AGE ABOUT 55 YEARS OCC: BUSINESS R/O: NIRALAGI PATIL COMPOUND SARSWATIPUR DHARWAD - 580 002 … PETITIONER (BY SRI. C R HIREMATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DHARWAD – 580 002 2. THE ASSISTANT COMMISSIONER DHARWAD SUB-DIVISION DHARWAD – 580 002 3. THE TAHASHILDAR DHARWAD TALUK DHARWAD – 580 002 4. SMT. ANURADHA W/O VANSANT SHIROOR R/O: SANMATI NAGAR, NARAYANPUR, DHARWAD – 580 002 5. SRI NIRAJ S/O VANSANT SHIROOR ® Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12800 WP No. 103858 of 2025 R/O SANMATI NAGAR NARAYANPUR DHARWAD – 580 002 6. SMT. SONALI W/O KIRAN HEDGE R/O SANMATI NAGAR NARAYANPUR DHARWAD – 580 002 7. SMT. KAMALA W/O MOHAN SHIROOR R/O SALLUNAKSHIHAR KADVO, PUNE MAHARASHTRA – 412 107 8. SRI SANTOSH S/O MOHAN SHIROOR R/O SALLUNAKSHIHAR, KADVO, PUNE MAHARASHTRA – 412 107 9. SMT. ANJALI W/O JAGADISH KANI R/O KORCHARD GREEN 139/34, DOMLU LAYOUT BENGALURU – 560 071 10. SRI ARJUN S/O SAHADEV SHIROOR R/O NOT KNOW 11. SRI KRISHNA S/O SADASHIVARAO SHIROOR R/O C/O VANSANT A. SHIROOR SANMATI NAGAR, NARAYANAPUR, DHARWAD – 580 002. 12. SRI SUHAS S/O RAMADAS BALJEKAR R/O SANMATI NAGAR NARAYANPUR DHARWAD – 580 002 - 3 - HC-KAR NC: 2025:KHC-D:12800 WP No. 103858 of 2025 SMT. SUSHMA W/O S. NADAKARANI (DEAD) 13. SRI SUJAY S/O SUDHEER NADAKARNI R/O SANMATI NAGAR, NARAYANPUR DHARWAD – 580 002 14. SRI KUNAL S/O SUDHEER NADAKARANI R/O SANMATI NAGAR, NARAYANPUR, DHARWAD – 580 002. 15. DR. SUNDAR S/O LAKSHMAN BALLE R/O SANMATI NAGAR, NARAYANPUR DHARWAD – 580 002 16. SMT. KANCHANA W/O UDAY NADAKARANI R/O MALLARDA DRIVE DRIVING ID-USA 17. KUMARI TANUJA D/O SUNDAR BALLE R/O MALLARDA DRIVE DRIVING ID-USA 18. SMT. DURGABAYI W/O MOHAN NILEKANI R/O SANMATI NAGAR NARAYANPUR DHARWAD – 580 002 19. SMT. RADHA W/O GURUNATH RAO R/O SANMATI NAGAR NARAYANPUR DHARWAD – 580 002 - 4 - HC-KAR NC: 2025:KHC-D:12800 WP No. 103858 of 2025 20. SMT. LALITA W/O UMESH KUMATA R/O SANMATI NAGAR NARAYANPUR DHARWAD – 580 002 21. DR. KUMADA W/O TELANGA SHIROOR R/O SANMATI NAGAR NARAYANPUR DHARWAD – 580 002 22. SRI JAYAT S/O ANNAJI SHIROOR R/O SANMATI NAGAR NARAYANPUR DHARWAD – 580 002 23. SMT. PRABHA W/O ANNAJI SHIROOR R/O SANMATI NAGAR NARAYANPUR DHARWAD – 580 002 24. SRI ANIL S/O MOHAN SHIROOR R/O 5/B, KUBER COLLONY NIBM ROA PUNE STATE: MAHARASHTRA – 411 048 SRI PRAVINA SADASHI SHIROOR DIED BY HIS LR 25. SMT. VINAYA W/O PRAVEEN SHIROOR R/O SANMATI NAGAR, NARAYANPUR DHARWAD – 580 002 26. RIYAZ S/O DAVALASAB NANNESABANAVAR AGE: 43 YEARS OCC: NIL - 5 - HC-KAR NC: 2025:KHC-D:12800 WP No. 103858 of 2025 R/O KOTUR VILLAGER, TALUK AND DISTRICT: DHARWAD – 580 011. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R6 TO R14, R16, R18, R20 AND R23 TO R25; SRI D.M. BANDI, ADVOCATE FOR R26; R15, R21 AND R22 – DECEASED; R4 – SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 03.04.2025 IN R.P. NO. 54/2024 PASSED BY THE RESPONDENT NO. 1 THE COPY OF THE SAME IS PRODUCED HEREWITH ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari to quash the order dated 03.04.2025 in R.P.54/2024 passed by the respondent no. 1 the copy of the same is produced herewith Annexure-A. b. Issue any other order or direction in the nature of writ as this Hon’ble Court feels fit in the facts and circumstances of this case, in the ends of justice and equity. - 6 - HC-KAR NC: 2025:KHC-D:12800 WP No. 103858 of 2025 2. The Petitioner is challenging the order dated 03.04.2025 passed by respondent No.1-Deputy Commissioner, whereunder the order passed by the Assistant Commissioner and the Tahsildar were set aside. By way of those orders the name of the Petitioner was directed to be entered into in the revenue records on the basis of compromise petition entered into in OS No.2 of 2014. 3. Submission of learned counsel for the Petitioner is that in view of the compromise petition entered into in OS No.2 of 2014, by virtue of the said compromise the defendants No.1 to 19 had agreed to execute a sale deed in favour of the Petitioner and as such the compromise by itself confers the right on the Petitioner and the compromise itself would have to be taken into consideration for the purpose of recordal of the rights of the Petitioner in the concerned revenue records. - 7 - HC-KAR NC: 2025:KHC-D:12800 WP No. 103858 of 2025 4. The short point that would arise for consideration is Whether a purchaser/plaintiff to a Compromise Petition in a suit for Specific performance can claim to be the owner of the property without a sale Deed being executed in his favour? 5. I am unable to accept the said submission of learned counsel for the Petitioner inasmuch as what has been being agreed upon in the compromise though is for execution of sale deed in favour of the Petitioner, the fact remains that subsequent to the compromise being entered into, there is no sale deed which has been executed in favour of the Petitioner nor has the Petitioner file any Execution Proceedings to enforce the compromise decree. Until and unless a sale deed is executed in a manner known to law in favour of the Petitioner the question of the Petitioner claiming any right, title or interest over the properties subject matter of the compromise would not arise. - 8 - HC-KAR NC: 2025:KHC-D:12800 WP No. 103858 of 2025 6. I answer the point raised by holding that a purchaser/plaintiff to a Compromise Petition in a suit for Specific performance cannot claim to be the owner of the property, solely on the basis of the Compromise Petition, without a sale Deed being executed and registered in his favour. 7. Thus, the order passed by the respondent No.1- Deputy Commissioner cannot be found fault with for reasons assigned therein as also reasons assigned in the present order. As such, I pass the following; ORDER i. The writ petition is disposed of. ii. Liberty is however reserved to the Petitioner to seek for the execution of the compromise petition in OS No.2 of 2014 by filling appropriate proceedings. iii. All contentions are left open. - 9 - HC-KAR NC: 2025:KHC-D:12800 WP No. 103858 of 2025 iv. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 174