- 1 - HC-KAR NC: 2025:KHC:39007 WP No. 13165 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 13165 OF 2018 (GM-CPC) BETWEEN: 1. 1(a). SRI MALLIKARJUN S/O MALIAR ROA, SINCE DECEASED REP. BY LR’s SMT. GAYATHRI, W/O LATE B.M. MALLIKARJUN, AGED ABOUT 55 YEARS, 1(b). SMT. NIRMALA, D/O LATE B.M. MALLIKARJU, AGED ABOUT 35 YEARS 1(c). SRI. ULLAS, S/O LATE B.M. MALLIKARJUN, AGED ABOUT 30 YEARS, R1(a) TO (c) ARE R/AT HOUSE NO.58, 1ST CROSS, NEAR BHARATHIYA SABHA BHAVAN, DR. RAM MANOHAR LOHILA NAGAR, SHIMOGA – 577 201 …PETITIONERS (BY SMT. USHA M. V., ADVOCATE) AND: 1. SRI AIZAD AHAMED, S/O LATE S.K.ABDUL SAMAD, AGED ABOUT 56 YEARS, Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39007 WP No. 13165 of 2018 2. SMT. SYEDAA NOOR FATHIMA W/O AJAZ AHMED, AGED ABOUT 60 YEARS, BOTH ARE RESIDING AT: 1ST CROSS, MILGHATTA, SHIMOGA – 577 201 …RESPONDENTS (BY SRI. H.S. PRASHANTH, ADVOCATE FOR R1 & R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT SHIVMOGA IN MIS. PET NO. 3/2017 DATED 24.11.2017 VIDE ANNEXURE-J CONSEQUENTLY QUASH THE COMPROMISE DECREE PASSED BY THE LEARNED PRL. CIVIL JUDGE AND CJM SHIVMOGGA IN O.S.188/2014 DATED 18.04.2015 VIDE ANNEXURE-E. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B-GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER The list has been revised. No one appears for the petitioners. 2. Learned counsel for the respondent is present. 3. This petition has been filed seeking the following relief: - 3 - HC-KAR NC: 2025:KHC:39007 WP No. 13165 of 2018 a) To issue a writ of certiorari quashing the order passed by the learned Principal Senior Civil Judge and CJM at Shivmoga in Mis.Pet No.3/2017, dated 24.11.2017, vide Annexure-J, consequently quash the compromise decree passed by the learned Principal Civil Judge and CJM, Shimoga, in OS No.188/2014 dated 18.04.2015 vide Annexure-E. b) To issue any other writ or direction that, this Hon'ble Court deems fit to grant in the circumstances of the case. With costs, in the interest of justice and equity. 4. The order impugned is enclosed as Annexure-J to the petition, in which in Paragraph-18, it has been observed by the Court in under:- "18. As I have discussed supra, even though the petitioner has been well aware of the proceedings in OS No.188/2014 and also himself having participated in the mediation and signed the mediation agreement and having accepted the same before the Court in OS No.188/14 and even after the compromise decree was passed in Execution Case No.110/15 and having paid partial decretal amount to the respondents, now the petitioner with an intention to harass the respondents and to drag on the proceedings filed - 4 - HC-KAR NC: 2025:KHC:39007 WP No. 13165 of 2018 in Exn. No.110/15, has filed this petition after changing his earlier counsel and appointing a new counsel on his side. Under such circumstances, the petition is not maintainable and holds no merit. Hence, by taking into consideration the above facts, evidence and the circumstances of the case, this Court answered the points No.1 and 2 in negative." However, since no one appears for the petitioner, the case is dismissed for non-prosecution. Sd/- (JAYANT BANERJI) JUDGE KGR* List No.: 1 Sl No.: 21