- 1 - NC: 2025:KHC-D:5375 WP No. 106007 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 106007 OF 2024 (GM-RES) BETWEEN: 1. SMT. SHARAVATI W/O BHASKAR JOSHI, AGED ABOUT 63 YEARS, OCC. HOUSEHOLD WORK, R/O. POST-CHIPAGI, TQ. SIRSI, DIST. UTTARA KANNADA-581 401. 2. SMT. PRATIMA W/O SANJAY BHAT, AGED ABOUT 43 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO.15, NEHARU NAGAR, GOKUL ROAD, HUBBALLI, DIST. DHARWAD-580 030. NOW AT BELLADDA, HALE HULEKALLA, SIRSI, UTTARA KANNADA. …PETITIONERS (BY SRI. SAGAR.S.HEGDE., ADVOCATE) AND: SRI. PRAVEEN S/O BHASKAR JOSHI, AGED: 38 YEARS, OCC: AGRICULTURE, R/O: POST-CHIPAGI, TQ: SIRSI, DIST: UTTARA KANNADA-581 401. …RESPONDENT (BY SRI. SURAJ.M.KATAGI., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5375 WP No. 106007 of 2024 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Sagar S.Hegde., counsel for the petitioners and Sri.Suraj M.Katagi., counsel for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the compromise decree dated:02.02.2017 passed before the Lok Adalat on the file of the Addl. Civil Judge, Sirsi in O.S.No.280/2016 vide Annexure-C. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that One Mr.Bhaskar and Smt.Sharavati are the husband and wife. They have two children i.e., Mr.Praveen and Smt.Pratima. The son Praveen filed a suit on the file of the Addl. Civil Judge, Sirsi in O.S.No.280/2016 seeking partition and separate possession against his father, mother and sister. In the Lok Adalat, the - 3 - NC: 2025:KHC-D:5375 WP No. 106007 of 2024 parties to the lis have settled the matter and filed a compromise petition on 02.02.2017. The principal ground on which this Court is asked to quash the compromise petition is that the plaint schedule properties are the ancestral joint family properties of Mr.Bhaskar. Hence, they could not have settled/ compromised the matter. Counsel for the respective parties jointly submits that there is no partition between Mr.Bhaskar and his brothers. Counsel further submits that all the joint family members were not made parties to the original proceedings. Hence, they would fairly submit that compromising the ancestral joint family properties in the absence of members of other branches is incorrect. Counsel therefore, submits that the compromise decree may be set-aside. Taking note of the submission that the properties are not divided between the defendant No.1 and his brothers as of today, hence, the parities to the lis could not have compromised the matter with respect of ancestral joint family properties. This is sufficient to set-aside the compromise - 4 - NC: 2025:KHC-D:5375 WP No. 106007 of 2024 decree. Therefore, this Court deems it proper to set-aside the compromise decree. 5. The Writ of Certiorari is ordered. The compromise decree dated:02.02.2017 passed before the Lok Adalat on the file of the Addl. Civil Judge, Sirsi in O.S.No.280/2016 vide Annexure-C is quashed. Because of quashing of the compromise decree, the suit is restored to the original file. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 65