- 1 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102711 OF 2015 (GM-CPC) BETWEEN: 1. SRI SHIVANAGOUDA S/O HEMANAGOUDA PATIL SINCE DEAD BY HIS LRS SRI. MALLANAGOUDA SHIVANAGOUDA PATIL AGE 41 YEARS, OCC: AGRICULTURE, 2. SRI. CHANAVEERAGOUDA SHIVANAGOUDA PATIL AGE: 32 YEARS, OCC AGRICULTURE, 3. SRI. NAGANAGOUDA SHIVANAGOUDA PATIL AGE: 27 YEARS, OCC: AGRICULTURE, PETITIONERS 1 TO 3 ARE R/O. NEERALAGI MAHAL TADAS, TQ: SHIGGAON - 581205 DIST. HAVERI. 4. SMT. MANJAVVA W/O FAKKIRAGOUDA PATIL @ MELINAMANI AGE: 24 YEARS, OCC HOUSEHOLD WORK, R/O: BYAHATTI TQ: HUBBALLI - 580020 DIST: DHARWAD. …PETITIONERS (BY SRI. N.P. VIVEKMEHTA., ADVOCATE FOR P1 TO P4) ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 AND: 1. 1(a) SRI. SHYAM S/O VENKATESH PATIL AGE: 58 YEARS, OCC: SERVICE, R/O: JAYANAGAR, SHIGGAON - 581205 TQ SHIGGAON - 581205 HAVERI DIST. (DIED ON 11.08.2019, HIS LR’s BROUGHT ON RECORD AS PER ORDER 05.02.2025) SMT. SAVITA @ SHEELAVATI W/O SHYAM PATIL, AGED: 53 YEARS, OCC: HOUSEHOLD WORK, R/O JAYANAGAR, TQ. SHIGGAON, DIST: HAVERI-581205 2. SMT. SUNITA W/O SHRINIVAS PATIL AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O: HUBBALLI NOW AT DHARWAD MALAMADDI SANMATI ROAD, BEHIND MUTTAGI COMPLEX, PRAHLAD BUILDING - DHARWAD – 580007 3. SMT. SARSWATI @ VEDA W/O A SHANKARRAO AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: JEM SUGARS - KUNDARAGI TQ: BELLAGI - 587 116 BAGALKOT DIST. 4. SRI. VISHWANATH S/O. GOVINDA PATIL AGE: 59 YEARS, OCC: PRIVATE SERVICE, 5. SRI. NAGARAJ @ NAGESH S/O GOVINDA PATIL - 3 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 AGE 52 YEARS, OCC: PRIVATE SERVICE, RESPONDENTS 4 AND 5 ARE R/A: SHIMOGA, SHIRADI BABA NILAYA VINOBANAGAR, DIST. SHIVAMOGGA – 577201 6. 7. 8. 9. 10. SRI. SADANANDA GOVINDA PATIL AGE 49 YEARS, OCC: PRIVATE SERVICE, AT DHARWAD - MALAMADDI TQ & DIST: DHARWAD – 580007 (DIED AND DELETED AS PER ORDER DATED 1.6.2015 IN O.S.NO.180/2007, R2-R5 ARE THE LR’s PF DECEASED R6) MADHAVRAO S/O VENKATESH PATIL, AGE: 83 YEARS OCC: RETD. R/LO TEJASWI NAGAR, DHARWAD. VALLABH S/O VENKATESH PATIL, AGE: 72 YEARS, OCC: RETD. R/O HOSA NAGARA, RANEBENNUR, DIST: HAVERI-581115. GIRISH S/O KRISHNAJI PATIL, AGE: 42 YEARS OCC: BUISNESS, R/O SAROJAMMANAR CHAL, AYODHYA NAGAR, OLD HUBLI, HUBBALLI, DIST: DHARWAD. HARISH S/O KRISHNAJI PATIL AGE: 38 YEARS, OCC: BUSINESS, R/O SAROJAMMANAR CHAL, AYODHYA NAGAR, OLD HUBLI, HUBBALLI, DIST: DHARWAD. - 4 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 11. 12. 13. 14. 15. 16. SMT. GANGUBAI W/O SHRIPADRAO PATIL, AGE: 66 YEARS, OCC: HOUSEHOLD R/O ISHWAR NAGAR, AYODHYA NAGAR, OLD HUBLI, HUBBALLI, DIST: DHARWAD MANJUNATH S/O SHRIPADRAO PATIL, AGE: 35 YEARS, OCC: PRIVATE SERVICE R/O ISHWAR NAGAR, AYODHYA NAGAR, OLD HUBLI, HUBBALLI, DIST: DHARWAD SMT. SANGEETA W/O PAVANKUMAR CHALAVADI, D/O SHRIPAD PATIL, AGE: 33 YEARS, OCC: HOUSEHOLD, R/O AMBEDKAR COLONY, OLD HUBALI, HUBBALLI, DIST: DHARWAD. HANAMANTH S/O ANANT PATIL AGE: 75 YEARS, OCC: NIL. R/O T.R.K NAGAR, SAGAR ROAD, HOSANAGAR, DIST: SHIVAMOGGA. SHANKARGOUDA S/O ANANTAGOUDA PATIL, AGE: 69 YEARS, OCC: RETD. R/O KALAMMA TEMPLE ROAD, TQ. BHADRAVTI, DIST: SHIVAMOGGA. SMT. ANUSUYA D/O ANANT PATIL AGE: 57 YEARS, - 5 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 17. 18. 19. 20. 21. OCC: HOUSEHOLD, R/O RAVI NAGAR, NEAR GANAPATHI TEMPLE, GOKUL ROAD, HUBBALLI, DHARWAD. VIRUPAKSH S/O ANANT PATIL, AGE: 64 YEARS, OCC: NIL, R/O RAVI NAGAR, NEAR GANAPATHI TEMPLE, GOKUL ROAD, HUBBALLI, DHARWAD. SHESHAGIRI S/O ANANT PATIL, AGED: 61 YEARS, OCC: RETD. R/O RAVI NAGAR, NEAR GANAPATHI TEMPLE, GOKUL ROAD, HUBBALLI, DHARWAD. SMT. KAMALA W/O RAMESH BANTRI, AGE: 71 YEARS, OCC: HOUSEHOLD, R/O RAVINAGAR, NEAR GANAPATHI TEMPLE, GOKUL ROAD, HUBBALLI, DHARWAD. DHEERENDRA S/O KRISHNACHARYA PATIL, AGE: 59 YEARS, OCC: PRIVATE SERVICE, R/O BALLABHAG, KODIYABAIL, MANGALORE. SMT. RADHA, D/O KRISHNA PATIL, W/O ABHISHEK K. AGE: 24 YEARS, OCC: PRIVATE SERVICE, R/O ASHOK NAGAR, MANDYA. - 6 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 22. 23. 24. 25. 26. 27. 28. RAVINDRA S/O LAXMANRAO PATIL, AGE: 70 YEARS, OCC: PRIVATE SERVICE, R/O SAUMSHI CHAL, GOPANAKOPPA HUBBALLI. MANOHAR S/O RAMACHANDRA KULKARNI, AGE: 70 YEARS, OCC: PRIVATE SERVICE, R/O ASHRHKOND, CHANNAPET ROAD, OLD HUBLI, HUBBALLI. SMT.NANDHINI W/O ACHYUT HAVNUR, AGED: 39 YEARS, OCC: HOUSEHLD, R/O. C/O R.L. PATIL, GOPANAKOPPA, HUBBALLI, SMT. SARITA W/O SATISH B.V. AGE: 63 YEARS, OCC: HOUSEHOLD R/O V.B.H.C.S LAYOUT, BANASHANKARI III STAGE, BENGALURU. MAHADEVRAO S/O MARTANDARAO DESHPANDE, AGE: 69 YEARS, OCC: NIL, R/O HOMMARDI, TQ & DIST. HAVERI. KUMARI SARALA D/O MARTANDARAO DESHPANDE, AGE: 58 YEARS, OCC: NIL, R/O HOMMARDI, TQ & DIST. HAVERI. RAJARAM S/O MALLARARAV KULKARNI, AGE: 60 YEARS - 7 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 29. OCC: RETD. R/O ADURU VILLAGE, TQ. HANAGAL, DIST: HAVERI. KUMARI ANJANA, D/O RAJARAM KULKARNI, AGE: 25 YEARS OCC: PRIVATE SERVICE R/O. ADURU VILLAGE, TQ: HANAGAL DIST: HAVERI. (RESPONDENTS 7 TO 29 ARE IMPLEADED AS RESPONDENTS V/O/D 27.01.2025) …RESPONDENTS (BY SRI. S D KULKARNI., ADVOCATE FOR: R1(A) R3-R5; SRI. S.L. MATTI., ADVOCATE FOR R2 & R7 TO R29; R6 DELETED V/O/D 26.11.2024; R1-DECEASED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI FOR QUASHING THE IMPUGNED ORDER, DATED 12.01.2105 ORDERS ON I.A.NO.11 IN O.S.NO.180/2007 PASSED BY LEARNED CIVIL JUDGE JR.DN AND JMFC SHIGGAON VIDE ANNEXUR- E AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 8 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The above writ petition had been filed challenging the orders passed on 12.01.2025 allowing the amendment of the written statement in the suit in OS No.180 of 2007 which had been filed by the petitioners for specific performance of an agreement of sale. 2. While the said suit was pending another suit in OS No.58 of 2007 had been filed for partition and separate possession amongst the respondents who are the joint family members. The said suit having been decreed, FDP proceedings in FDP No.12 of 2015 had been taken up. 3. The parties have now arrived at a settlement whereby all the respondents together have agreed to sell their respective undivided interest as determined in the preliminary decree in OS No.58 of 2007 in favour of the petitioners-purchases. - 9 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 4. A memorandum of compromise petition has been filed which reads as under; MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 R/W SECTION 151 OF CPC 1. That the petitioners have filed O.S. No:180/2007 on the file of Civil Judge and JMFC Shiggaon against the respondent No.1 to 6 in respect of schedule properties as mentioned here in below in schedule of properties and the respondent No.3 to 6 have filed an application for amendment of written statement with counter claim in the said suit and the said application came to be allowed on 12.01.2015. There after the petitioners have filed the top noted writ petition challenging the order dated 12.01.2015 passed in OS No.180/2007. The petitioners already are in actual vacant possession of schedule properties. 2. The respondent No 3 to 6 have filed suit bearing OS No. 58/2007 on the file of Hon'ble Civil Judge & JMFC Court at Shiggoan for partition & separate possession against others respondents herein in the writ petition and the said suit decreed on 17 10 2014 and later the respondent No.3 to 6 have filed FOP No.12/2015 in which final decree is being drawn on 22.04.2021. Hence all the respondents are having their respective undivided share in the schedule properties. Further it is submitted that the respondent No.3 to 6 are having 1/5th undivided share in schedule properties (since respondent No.6 dead as bachelor leaving behind respondent No. 3 to 5 as his LR's), the respondent No.1(a), 7 to 13 & 02 others by name Shridhar S/o Mohan Patil and Smt.Sundarabai W/o Mohan Patil are having 1/5th undivided share in schedule properties, the respondent No.14 to 19 are having 1/5th undivided share in schedule properties, the respondent No.2 & 20 to 24 are having 1/5th share in schedule properties and the respondent No.25 to 29 are having 1/5th undivided share in schedule properties. 3. During the pendency of the top noted writ petition, the petitioners and respondents at the intervention of - 10 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 elders of the family as well as elders of village nave mutually agreed to settle the dispute pending since 2007 thereby the respondents without any force or coercion willfully agreed to sell their undivided share in the suit properties in favour of the petitioners for Reno8on 6, Gray of compromise. Accordingly the petitioners and respondents have settled the dispute subjected to the following terms and conditions. 4. That the petitioners are desires to purchase schedule properties from the respondents in the name of petitioner No. 1 for which the petitioner No. 2 to 4 have consented and the respondents willfully agreed to sell their undivided share in the schedule to the petitioners for their family necessity in the name of petitioner No.1 for total consideration amount of Rs.52,00,000/- (at the rate of Rs.4,00,000/- per acre). Thus, the petitioner No. 1 has alone agreed to pay entire the sale consideration amount to the respondents. 5. The petitioner No.1 has today paid total sale consideration amount of Rs.52,00,000/- to the respondents as per their undivided share in the schedule property by way of separate bank demand draft in their name and the respondents have acknowledged the receipt of proportionate undivided share amount by way of DD. Photocopies of demand drafts are enclosed herewith. 6. The respondents have agreed and shall execute registered sale deed of their respective undivided share in the schedule property in favour of petitioner No. 1 before the sub-registrar of Shiggaon within one month from today after correcting property records and the petitioner No 1 shall pay stamp duty and registration fee in respect of execution of the said sale deed. 7. Further in case of failure by the respondents to execute registered sale deed in favour of petitioner No. 1 as agreed, then the petitioner No.1 is at liberty & shall have a right to get the sale deed register through process of law on appointing a Court Commissioner by way of filing execution petition before the Civil Judge & JMFC Court Shiggaon. Thus the petitioner No.1 alone has right, title & interest - 11 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 over the schedule properties and the petitioner No. 2 to 4 have not any nght, title & interest in schedule properties. 8. The respondents have agreed and shall not litigate with petitioners in respect of schedule properties in any manner whatsoever henceforth. 9. The respondents have sold their undivided share in the schedule properties to the extent of area acre/gunta in favour of petitioner No.1 except the undivided share of Shridhar S/o Mohan Patil and Smt. Sundarabai W/o Mohan Patil to the extent of 16 guntas in schedule"A" property & 02 gunta in schedule "B" property. A hand sketch map is also enclosed. 10.In view of compromise the petitioners & respondents have agreed to dispose of O.S No 180/2007 pending on the file of Hon'ble Civil Judge & JMFC Court, Shiggaon in the terms of compromise decree. SCHEDULE PROPERTIES A. An agricultural land bearing Sy.No: 78 measuring 12 acres sold out of total area of 12 acres 16 guntas situated at Neeralagi-Mahal-Tadas village of Shiggaon taluk, being bounded by: To East: land bearing Sy. No.77 To West: land bearing Sy. No.112 To North: Road To South: land bearing Sy. No.79 B. An agricultural land bearing Sy. No: 134 measuring 39 gunta sold out of total area of 01 acre 01 gunta situated at Neeralagi-Mahal-Tadas village of Shiggaon taluk, being bounded by: To East: land bearing Sy.No.140 To West: land bearing Sy.No.132 To North: land bearing Sy.No.133 & 135 To South: Road - 12 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 Therefore, it is humbly prayed that the Hon'ble Court be pleased to accept the compromise petition and compromise decree may kindly be drawn in above terms of compromise to meet the ends of justice. Place: Dharwad Date: 12.02.2025 5. The petitioners and respondents are all before this Court personally and are identified by their respective counsels, their photographs having been affixed on the compromise petition and their Aadhaar cards countersigned by each of the parties having been annexed to the compromise petition. 6. On enquiry the respondents submit that they have agreed to sell their respective share in the suit schedule property to the petitioners-purchases along with certain others who are not parties to the present suit for a total consideration of Rs.52,00,000/- at the rate of Rs.4,00,000/- per acre. The plaintiffs- petitioners also confirm the said compromise which has been entered into. 7. In that view of the matter, the compromise being lawful and aiding the settlement between the parties. - 13 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 The submission made by all the parties that there is no undue influence, coercion or duress brought on any of them for the purpose of entering into the said compromise, the said compromise petition is accepted. 8. In furtherance of the acceptance of the compromise petition, I pass the following; ORDER i. The writ petition is disposed of. ii. The suit in OS No.180 of 2007 pending on the file of the Civil Judge and JMFC, Shiggoan is disposed in terms of the above compromise. iii. The Civil Judge and JMFC Court, Shiggoan is directed to draw up a formal compromise decree in terms of the above compromise petition. iv. The proceedings in FDP No.12 of 2015 would also have to come to an end since the - 14 - NC: 2025:KHC-D:2808 WP No. 102711 of 2015 undivided interest of all the parties are being sold to the petitioners and therefore there would be no requirement for division of the property by meets and bounds in the FDP proceedings. v. The Court seized of FDP No.12 of 2015 would have to take into consideration the above compromise petition and pass necessary orders as per the above observation. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 109