- 1 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101525 OF 2025 (GM-CPC) BETWEEN: 1. THE SEERAT COMMITTEE, CHIKODI, REPRESENTED BY ITS PRESIDENT, SRI. MAHAMMADGOUS MAKTUMSAB PEERAZADE, AGE: 85 YEARS, OCC: PRESIDENT, R/O. EXAMBA ROAD, CHIKKODI-591201, TQ: CHIKODI, DIST: BELAGAVI. 2. THE SEERAT COMMITTEE, CHIKODI, REPRESENTED BY ITS SECRETARY, ESMILE S/O. BABALAL DONGARIKE, AGE: 53 YEARS, OCC: SECRETARY, R/O. HOSPET GALLI, CHIKKODI-591201, TQ: CHIKODI, DIST: BELAGAVI. …PETITIONERS (BY MISS. SONU SUHEL N., ADVOCATE) AND: 1. AKHTAR HUSSEIN MOHAMMADHUSSEIN SAYYAD, AGE: 53 YEARS, OCC: BUSINESS, R/O. DADA MANZIL DAMBAL EXTENSION CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI, CALLING HIMSELF AS THE PRESIDENT OF SEERAT COMMITTEE CHIKKODI REGISTERED UNDER WAKF ACT 1954. 2. SHRI EBRAHIM NAZEER PEERAZADE, AGE: 54 YEARS ,OCC: GONDI, R/O: SAYYAD GALLI CHIKKODI. 3. SHRI ALAHI AKBAR DESAI AGE:49 YEARS, OCC: BUSINESS R/O: MULLA PLOT, CHIKODI, TQ: CHIKKODI. CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 4. SHRI FIAZ BABALAL SHIRAGAONKAR AGE: 64 YEARS, OCC: AGENT R/O: MULLA PLOT, CHIKKODI, TQ: CHIKKODI. 5. SHRI REHAMAN MAKUBUR RAMAJAN AGE: 49 YEARS, OCC: COOLI, R/O: MULLA PLOT, CHIKKODI, TQ: CHIKKODI. 6. SMT. SHAHANAJABHI AKABAR MULLA, AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: MULLA PLOT, CHIKKODI, TQ: CHIKKODI. 7. SHRI KHADAR ABA KUDACHE AGE: 79 YEARS , OCC: MECHANIC R/O: ZARI GALLI, CHIKKODI, TQ: CHIKKODI. 8. SHRI. HUSSEN KHUTABUDDIN NAIKWADE AGE: 59 YEARS, OCC: GOUNDI R/O: MULLA PLOT, CHIKKODI, TQ: CHIKKODI. 9. SHRI HAFIZ ISUF SHAKH AGE: 66 YEARS , OCC: GONDI R/O: SANKANWADI NOW RESIDING AT JANATA COLONY AMBEDAKAR NAGAR, CHIKKODI, DIST: BELGAUM. 10. SHRI. YAKUB SHOUKAT MAKANDAR AGE: 64 YEARS OCC: SERVICE R/O: JANATA COLONY AMBEDKAR NAGAR, CHIKKODI, DIST: BELGAUM. 11. SHRI SHABBIR MUHAMUOOD JAMANDAR AGE: 58 YEARS, OCC: DRIVER C/O: BALECHAND KADAR KOLEGAR R/O: MULLA PLOT, CHIKKODI. 12. SHRI HUMAYUN NABISAB BELAKUDE AGE: 73 YEARS , OCC: CARPENTER R/O: BANATEKI GALLI, CHIKKODI. 13. SHRI. ISMAIL MODDIN ARKATE AGE: 39 YEARS , OCC: CARPENTER, R/O: HOSPETH GALLI, CHIKKODI. - 3 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 14. SHRI HUSEEN USMAN JAMANDAR AGE: 68 ,OCC: GOUNDI R/O: ZARI GALLI, CHIKKODI. 15. SHRI. DASTAGIR NABILAL BAGAVAN AGE: 58 OCC: BUSINESS R/O: ZARI GALLI, CHIKKODI. 16. SHRI. AYUB ABDULMAJID BAGAWAN AGE: 63 YEARS ,OCC : BUSINESS R/O: ZARI GALLI, CHIKODI. 17. SHRI. SAHABIR MOHAMMADHUSAN BAGAVAN AGE: 48 YEARS OCC: BUSINESS R/O: ZARI GALLI, CHIKKODI. 18. SHRI. SHAKEEL MOHAMMADHUSAN BAGAWAN AGE: 43 YEARS OCC: BUSINESS R/O: ZARI GALLI, CHIKKODI. 19. SHRI. MAJID MOHAMMADHUSEN BAGAWAN AGE: 58 YEARS OCC: BUSINESS R/O: JANATA PLOT, AMBEDAKAR NAGAR, CHIKKODI. 20. SHRI NISAR GOUS MULLA AGE: 73 YEARS ,OCC: BUSINESS R/O: KALMARUTI GALLI, CHIKKODI. 21. SHRI FIROZ BALECHAND BAGAWAN AGE: 51 YEARS OCC: BUSINESS R/O: ZARI GALLI, CHIKKODI. 22. SHRI YASEEN ABDULKARIM BAGAWAN AGE: 56 YEARS OCC: BUSINESS R/O: ZARI GALLI, CHIKKODI. 23. SHRI ZAKIR DASTAGIR SHAIKH AGE: 53 YEARS OCC: BUSINESS R/O: ZARI GALLI, CHIKKODI. 24. SHRI ABDUL MOHAMMAD AWATE AGE: 73 YEARS OCC: GOUNDI R/O: INDIRA NAGAR, CHIKKODI. - 4 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 25. SHRI GANISAB AKABARSAB NADAF AGE: 73 YEARS OCC: BUSINESS R/O: PHOOL GALLI, CHIKKODI. 26. SHRI DASTAGIR SULTAN GHORI AGE: 73 YEARS OCC: WELDER R/O: PHOOL GALLI, CHIKKODI. 27. SHRI ASHPAK @ ASIF MANIK GHORI AGE: 58 YEARS OCC: BUSINESS R/O: KALAMARUTI GALLI, CHIKKODI. 28. SHRI MOHAMMADSAB GOUSE GOUNDI AGE: 78 YEARS OCC: MECHANIC R/O: SAYYAD GALLI, CHIKKODI. 29. SHRI IQBAL NABIRASUL NADAF AGE: 78 YEARS OCC: MECHANIC R/O: B.K. COLLEGE ROAD, CHIKKODI. 30. SHRI SHABUDDIN SULTAN GHORI AGE: 58 YEARS, OCC: BUSINESS R/O. KALAMARUTI GALLI, CHIKKODI. 31. SHRI. IQBAL MODINSAB KALAIGAR AGE: 78 YEARS OCC: BUSINESS R/O: ZARI GALLI , CHIKKODI. 32. SHRI HUSSEN MODDIN KALLAGAR AGE: 58 YEARS OCC: BUSINESS R/O: NAGALINGESHWAR COLONY CHIKKODI. 33. SHRI MANSOOR ABDULAHAMID BAGAWAN @ BELAONKAR AGE: 68 YEARS OCC: DRIVER R/O: MULLA PLOT, CHIKKODI. 34. SHRI KAYAM ABDULAHAMID BAGAWAN @ BELAGAONKAR AGE: 63 YEARS OCC: DRIVER R/O: MEHBOOB NAGAR, CHIKKODI. 35. SHRI SHANHENSHA MOHAMOOD JAMADAR AGE: 68 YEARS , OCC: TRUCK DRIVER R/O: ZARI GALLI, CHIKKODI. - 5 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 36. SHRI. MOHASEEN YUSUF BIJAPURE AGE: 51 YEARS OCC: BUSINESS R/O: MEHABOOB NAGAR, CHIKKODI. 37. SHRI. IRFAN IQUBAL BAGAWAN @ KARAGOLE AGE: 45 YEARS OCC: BUSINESS R/O: MULLA PLOT, CHIKKODI. 38. SHRI BANDENAWAZ GANI ATTARAWALE AGE: 43 YEARS OCC: GOUNDI R/O: MULLA PLOT, CHIKKODI. 39. SHRI MOULA LAZIM DADDIKAR AGE: 51 YEARS OCC: GOUNDI R/O: MULLA PLOT, CHIKKODI. 40. SHRI TOUFIQ LAZIM DADDIKAR AGE: 53 YEARS OCC: BUSINESS R/O: MULLA PLOT, CHIKKODI. 41. SHRI. ASIF ISUF SIRGAONKAR AGE: 51 YEARS OCC: CARPENTER R/O: GHALI GHALI, CHIKKODI. 42. SHRI MUZAMILLA HUSAIN JAMANDAR AGE: 43 YEARS, OCC: BUSINESS R/O: JAMANDAR GALLI, CHIKKODI. 43. SHRI. ALLAUDDIN SULTAN GHORI AGE: 58 YEARS OCC: WELDER R/O: KALAMARUTI GALLI, CHIKKODI. 44. SHRI AKKANI DASTAGERI SHAIKH AGE: 78 YEARS OCC: CYCLE SHOP R/O: ZARI GALLI, CHIKKODI. 45. SMT. JAHARA @ JAHIRA SIKANDAR NAIKWADI AGE: 62 YEARS OCC: HOUSE HOLD WORK R/O: BHIMANAGAR, CHIKKODI. 46. SHRI ABDUL RASHEED ABDUL RAHIM SHAIKH AGE: 63 YEARS OCC: BUSINESS R/O: POOL GALLI, CHIKKODI. - 6 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 47. SHRI ABDULGANI AKBARSAB NADAF AGE: 61 YEARS OCC: BUSINESS R/O: MAHABAR GALLI, CHIKKODI. 48. SHRI JAFARSAB ALLAMSAB KALEKAJI AGE: 67 YEARS OCC: BUSINESS R/O: KARNUR GALLI, CHIKKODI. 49. SMT. NADDEMSAB JAFARSAB KALEKARJI AGE: 42 YEARS OCC: BUSINESS R/O: KARNUR GALLI, CHIKKODI. 50. SMT. SAFURA D/O. YAKUB ASANGI AFTER MARRIAGE KNOWN AS SMT. SAFURA W/O. ABDUL AWATE AGE: 78 YEARS OCC: NILL R/O: INDIRA NAGAR, CHIKKODI. 51. SMT. FARIDA RASUL DESAI AGE: 56 YEARS OCC: PIGMY COLLECTOR & BUSINESS R/O: MULLA PLOT, CHIKKODI. 52. SHRI. RAYAZ MAKABUL RAMAJAN AGE: 50 YEARS OCC: LABOR R/O: MULLA PLOT, NEAR MASJID, CHIKKODI. 53. SHRI YASIN RASUL DESAI AGE: 36 YEARS OCC: SERVICE R/O: MULLA PLOT, CHIKKODI. 54. SHRI TOUSIF RASUL DESAI AGE: 33 YEARS OCC: SERVICE R/O: MULLA PLOT, CHIKKODI. 55. SHRI. INNA SALLAUDDIN BEPAN AGE: 46 YEARS OCC: BUSINESS R/O: BEPARI GALLI, CHIKKODI. 56. SHRI MULLA BANDU THASILDAR AGE: 61 YEARS OCC: ELECTRIC WORK R/O: ANKALI KHOOT, CHIKKODI. 57. SHRI TIPPU HUSEEIN JAMANDAR AGE: 43 YEARS OCC: MASON R/O: ZARI GALLI, CHIKKODI. - 7 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 58. SHRI AKARAM HUSEEN JAMANDAR AGE: 45 YEARS OCC: GAUNDI R/O: (ZARI GALLI ) JAMANDAR, CHIKKODI. 59. SHRI MAULA JUMMA MULTANI AGE: 53 YEARS OCC: GAUNDI R/O: ANKALI ROAD, CHIKKODI. 60. GOUSAL HUSSEIN JAMANDAR AGE: 47 YEARS OCC: GAUNDI R/O: (ZARI GALLI) JAMADAR GALLI, CHIKKODI. 61. SHRI ABDUL MUNAF ANWARKHAN DAFEDAR AGE: 74 YEARS OCC : RETIRED PROCESS SERVER R/O: MULLA PLOT, CHIKKODI. 62. THE POLICE SUB – INSPECTOR CHIKKODI POLICE STATION, CHIKKODI. …RESPONDENTS (BY SRI. MAHANTESH R. PATIL, ADVOCATE FOR R1; R2-R62 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 27-08-2024 VIDE ANNEXURE-G PASSED BY THE PRL. SR. CIVIL JUDGE CHIKKODI IN O.S. NO.177/2014 AND FURTHER ACCEPT THE COMPROMISE AND DECREE IN THE SUIT AS PER THE TERMS OF COMPROMISE AS PER ANNEXURE-F DATED 21.09.2023 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Learned counsel for the petitioners and learned counsel for respondent No.1 are present before this Court. 2. The present petition is filed by the petitioners seeking to set aside the impugned order dated 27.08.2024 vide Annexure-G passed by the Principal Senior Civil Judge, Chikodi in O.S.No.177/2014 and further accept the compromise decree in the suit as per the terms of the compromise as per Annexure-F dated 21.09.2023. 3. The petitioners herein are plaintiffs in O.S.No.177/2014 filed suit against respondent No.1 and 61 other persons, who were named as defendants in the suit including the Police Sub-Inspector, Chikodi as defendant No.62. The prayer sought for in the suit is as under : “Prayer : After setting aside all the contentions of the defendants if any the plaintiffs pray for a decree as under : - 9 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 a) The plaintiff committee be declared as owner in actual possession of the suit properties. b) The defendant No.1 committee and other defendants No.2 to 61 or persons on their behalf may be restrained from allotting plots and attempting any type of construction in the suit schedule properties by an order of perpetual injunction. c) The defendant committee and other defendants No.1 to 61 or persons on their behalf may be restrained from disturbing the peaceful possession and enjoyment of the plaintiffs’ committee over the suit schedule properties by an order of perpetual injunction. d) The cost of this suit be awarded. e) Any other relief’s deemed fit be awarded to the plaintiffs. f) Permission to amend the plaint as and when necessary be granted.” 4. During pendency of the suit, the plaintiffs filed a memo not to proceed against defendants No.2 to 62 and so also proposed defendants No.63 to 249 and sought for dismissal of the suit against defendants No.2 to 62 and - 10 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 proposed defendants No.63 to 249 as not pressed. Thereafter, the plaintiffs got executed a compromise decree under Rule XXIII Rule 3 of CPC along with respondent No.1/defendant No.1 in the suit. The compromise petition so filed and executed before the trial Court and orders came to be passed on the compromise petition dated 24.08.2024, whereby the trial Court held that the said compromise petition would be considered along with main suit. ‘The rights of defendants No.2 to 62 and other allottees would be set aside in the present suit and also in the connected suit and thereafter the compromise petition would be considered for acceptance or non-acceptance’. It is this order i.e., questioned before this Court. 5. During pendency of this petition, petitioners filed a memo seeking dismissal of the suit against respondents No.2 to 62 and proposed defendants No.63 to 249 as not pressed and sought for dispensation of service of notice to respondents No.2 to 62. - 11 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 6. Petitioners No.1 and 2 and respondent No.1, who are none other than plaintiffs No.1 and 2 and defendant No.1, who are present before this Court and petitioner No.2 is acting on behalf of petitioner No.1 by virtue of resolution of the society. 7. Learned counsel for petitioners and learned counsel for respondent No.1 submit that compromise so filed before the trial Court be accepted and memo filed for deletion of defendants No.2 to 62 and proposed defendants No.63 to 249 be accepted. 8. I have gone through the memo filed by petitioners before the trial Court. The suit is filed for relief stated hereinabove. Plaintiffs’ committee is the owner and in actual possession of the suit properties, in accordance to the same, plaintiffs and defendant No.1 have entered into a compromise. The memo so filed by plaintiffs before the trial Court be accepted. The memo against defendants No.2 to 62 and proposed defendants No.63 to 249 is hereby accepted as petitioners herein are plaintiffs, they - 12 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 do not seek any relief against defendants No.2 to 62 and proposed defendants No.63 to 249 pursuant to which, compromise petition is filed. 9. Looking at the compromise petition and the prayer sought for in the plaint, I do not find any hardship or inconvenience that would be caused to defendants No.2 to 62 and proposed defendants No.63 to 249 so also it is made clear by this Court that compromise so entered by plaintiffs and defendant No.1 shall not have any bearing on the defendants No.2 to 62 and proposed defendants No.63 to 249 as it is only in respect of the committee. It would be open to defendants No.2 to 62 and proposed defendants No.63 to 249 to take up any plea of defence including the plaintiffs’ committee being not the owner or otherwise. If at all proceedings are initiated against defendants No.2 to 62 and proposed defendants No.63 to 249 or vice-e-versa, any action that would follow pursuant to the orders passed against both defendants No.2 to 62 and proposed defendants No.63 to 249 shall be in - 13 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 accordance with law after following due process of law. Thereby, this Court is of the opinion that the memo filed for deletion would be accepted so also the compromise entered into by the plaintiffs and defendant No.1. 10. Petitioner No.2 by himself and for petitioner No.1 and defendant No.1 present before this Court however, they submit that they have entered into this compromise without any force, coercion or undue influence. Accordingly, this Court is of the opinion that the memo filed before the trial Court and the compromise petition could be permitted to be accepted subject to the conditions prescribed herein. Accordingly, I pass the following : ORDER (i) This petition is disposed of. (ii) The memo dated 21.09.2023 for deletion of defendants No.2 to 62 and proposed defendants No.63 to 249 is accepted. The suit as - 14 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 against the defendants No.2 to 62 and proposed defendants No.63 to 249 is dismissed as not pressed. Compromise petition filed by plaintiffs No.1 and 2 and defendant No.1 is accepted. (iii) As stated hereinabove, the defendants who are sought to be deleted will have their own independent rights. If any actions initiated against them, they are at liberty to take up all such plea that are urged in the suit so also any such proceedings that would be initiated by the present committee shall be by following due process of law against original defendants No.2 to 62 and proposed defendants No.63 to 249 or any third party. Ordered accordingly. (iv) In view of this Court accepting the memo for deletion of defendants No.2 to 62 and proposed defendants No.63 to 249 the petitioners, plaintiffs to carryout necessary amendment in the plaint - 15 - HC-KAR NC: 2025:KHC-D:7714 WP No. 101525 of 2025 before the trial Court and file amended plaint before the trial Court. (v) The suit is decreed in accordance to the compromise petition. The trial Court shall draw up decree accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 110