- 1 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102052 OF 2025 (GM-CPC) BETWEEN: 1. SMT. MANJULA W/O SHEKAPPA GARAGAD @ DALAVAI, AGE: 39 YEARS, OCC: HOUSE WIFE, R/O: CHIKKAMALLIGWAD, TQ: AND DIST: DHARWAD-580 007. 2. KUMARI PAVITRA D/O SHEKAPPA GARAGAD @ DALAVAI, AGE: 19 YEARS, OCC: STUDENT, R/O: CHIKKAMALLIGWAD, TQ: AND DIST: DHARWAD-580 007. 3. KUMAR PRAJVAL S/O SHEKAPPA GARAGAD ® DALAVAI, AGE: 15 YEARS, OCC: STUDENT, R/O: CHIKKAMALLIGWAD, TQ: AND DIST: DHARWAD-580 007. 4. KUMARI PRATIKSHA D/O SHEKAPPA GARAGAD @ DALAVAI, AGE: 08 YEARS, OCC: STUDENT, R/O: CHIKKAMALLIGWAD, TQ: AND DIST: DHARWAD-580 007. NOTE: PETITIONER NO.3 AND 4 ARE REPRESENTED BY LEGAL GUARDIAN MOTHER AT PETITIONER NO.1. … PETITIONERS (BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE) AND: 1. BASAVANEEPPA S/O MADIVALAPPA GARAG @ JANTI, AGE: 77 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 2. SHOBHA W/O SHIVANAND JANTI, AGE: 53 YEARS, OCC: HOUSE WIFE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 3. MAHADEVAPPA S/O CHANNABASAPPA JANTI, AGE: 05 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 4. SUDHA D/O SHIVANAND JANTI AFTER MARRIAGE SUDHA W/O NAVEEN BURLABADDI, AGE: 35 YEARS, OCC: HOUSE WIFE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 5. CHANNAPPA S/O VEERUPAXAPPA BETAGERI, AGE: 48 YEARS, OCC: AGRICULTURAL, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 6. SURESH S/O PATRAPPA VARAD, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 7. SRISHILA S/O SURESH VARAD, 7525923-21, AGE: 41 YEARS, OCC: AGRICULTURE, RECEIPT NG., R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 8. PAVAN S/O SURESH VARAD, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 9. GURAVVA D/O MADIVALAPPA JANTI, AGE: 70 YEARS, OCC: HOUSE WIFE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 10. CHANNAPPA S/O BASAPPA HUCHAYYANAVAR @ RESHMI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 11. KASTUREVVA D/O MADIVALAPPA GARAG @ JANTI AFTER MARRIAGE - 3 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 KASTUREVVA W/O PRABHULING VARADA, AGE: 73 YEARS, OCC: HOUSE WIFE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 12. CHANNAVVA D/O VEERUPAXAPPA BETAGERI AFTER MARRIAGE CHANNAVVA W/O SHRISHILA KODOLLI, AGE: 49 YEARS, OCC: HOUSE WIFE, R/O: AMMINABHAVI, TQ: AND DIST: DHARWAD-580 201. 13. PREMA D/O VEERUPAXAPPA BETAGERI AFTER MARRIAGE PREMA W/O SHIVAMURTEPPA KORI, AGE: 30 YEARS, OCC: HOUSE WIFE, R/O: AMMINBHAVI, TQ: AND DIST: DHARWAD. 14. MALLAPPA S/O VEERUPAXAPPA BETAGERI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 15. MAHADEVI D/O VEERUPAXAPPA BETAGERI AFTER MARRIAGE MAHADEVI W/O ULAVAPPA ANGADI, HOUSEWIFE, R/O: AMMINABHAYI NAGAR, TQ: AND DIST: DHARWAD-580 201. 16. PREMA W/O MADIVALAPPA JANTI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 17. MANJUNATH S/O MADIVALAPPA JANTI, AGE: 12 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 18. RAKSHITA D/O MADIVALAPPA JANTI, AGE: 10 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. RESPONDENT NO. 17 AND 18 ARE MINORS AND R/BY RESPONDENT NO.16 THEIR MOTHER. - 4 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 19. NINGAVA D/O BASAPPA BASAPPA HUCHAYYANAVAR @ RESHMI AFTER MARRIAGE NINGAVVA W/O PRAKASH KANDELENNAVAR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 20. KALPANA D/O CHANNABASAPPA JANTI AFTER MARRIAGE KALPANA W/O MADIWALAPPA KAMMAR, AGE: 45 YEARS, OCC: HOUSE WIFE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 21. REKHA D/O CHANNABASAPPA JANTI AFTER MARRIAGE REKHA SHEKAVVA W/O PRAKASH GHIVARI, AGE: 43 YEARS, OCC: HOUSE WIFE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 22. MANJUNATH S/O SHIVANAND JANTI, AGE: 27 YEARS, OCC: AGRICULTURE, R/O: GARAG, TQ: AND DIST: DHARWAD-580 105. 23. THE SLAO KIADB, DHARWAD, PUNA BENGALURU ROAD, LAKMANHALLI INDUSTRIAL AREA, DHARWAD. 24. PARVATEVVA D/O BASAPPA ANGADI, AGE: 73 YEARS, OCC: HOUSEHOLD, R/O: MAREVAD, TQ: AND DIST: DHARWAD-581 201. … RESPONDENTS (BY SRI. P.N. HATTI, ADVOCATE FOR R23; R1 TO R22 AND R24-DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 11/02/2025 PASSED BY LEARNED III ADDL. - 5 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 SENIOR CIVIL JUDGE AND CJM, DHARWAD IN OS NO.74/2024, ANNEXURE-C. 2. DIRECTING THE LEARNED III ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD TO ACCEPT THE COMPROMISE PETITION DATED 03/04/2024 AND DRAW THE COMPROMISE DECREE IN ACCORDANCE WITH LAW, ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) The present petition is filed by the petitioners seeking to set aside the order dated 11.02.2025 passed by the III Additional Senior Civil Judge and CJM, Dharwad in O.S.No.74/2024 and to direct the learned Judge to accept the compromise petition dated 03.04.2024. 2. Respondent No.1 to 10 had instituted a suit for partition and separate possession with regard to the suit schedule properties in O.S.No.74/2024 before the Principal Senior Civil Judge and CJM, Dharwad. Several contentions were raised therein. The defendants, on appearance in the original suit proceedings entered into an amicable - 6 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 settlement, and a compromise petition came to be filed on 03.04.2024 amicably settling the matter. It was also agreed in the compromise petition that a portion of the property was the subject matter of acquisition by the KIADB under the notification dated 06.04.2023 and that it was also agreed that out of the compensation through the acquisition process, the said amount would go in favour of defendants No.11 to 14, who are the legal heirs of agreement holder-Shekayya Garagad. This being the state of affairs, after recording the compromise petition, the plaintiffs filed an application under Order-I Rule 10 of CPC seeking to implead the KIADB as defendant No.19 in the suit. Accordingly, notice was issued and same was served. The learned Civil Judge rejected the compromise petition on the ground that despite service of summons, respondent No.19/KIADB had not appeared and not signed the compromise petition. The petitioners are before this Court aggrieved by the impugned order dated 11.02.2025 - 7 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 passed by the III Additional Senior Civil Judge and CJM, Dharwad to that effect. 3. Apparently, it is seen that the plaintiffs and defendants to the original suit compromised the matter by entering into a compromise petition apportioning the respective shares in terms of the compromise petition. However, with regard to a portion of the property acquired by the KIADB, it was clearly mentioned in the compromise petition itself that defendant Nos.11 to 14 would enjoy the compensation of the acquisition process by the KIADB. However, they would be entitled to the said compensation amount. The application for impleading was allowed, KIADB did not come forward and hence the compromise petition is kept in abeyance by virtue of the impugned order, which is now the subject matter of this writ petition. 4. Parties to the proceedings amicably settled the matter amongst themselves and the purpose of impleading the KIADB was to apportion the amount of compensation, - 8 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 which is already found in the compromise petition, agreed to and signed and executed by the parties. Merely for the reason that KIADB who was impleaded as defendant No.19 had not signed the compromise petition, the compromise is not accepted and kept in abeyance. 5. Learned counsel Sri P.N.Hatti representing the KIADB is present today and submits that he does not have any objection in the compromise petition being allowed as the same contains the averments with regard to who would be entitled to the compensation amount of the acquisition proceedings. In view of the same, there may not be any ambiguity or any hindrance for the KIADB to apportion the compensation amount. Therefore, in the absence of defendant No.19/KIADB having not signed the compromise petition would not make much of a difference as covenant in the compromise petition clearly puts forth the compensation amount from the acquisition proceedings by the KIADB would go to the share of - 9 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 defendants No.11 to 14, the submission of learned counsel for KIADB is accepted and taken note of. 6. Under the circumstances, I am in agreement with that learned counsel appearing for the petitioners, that this petition can be disposed off by directing the learned Senior Civil Judge to accept the compromise petition dated 03.04.2024 without the presence of defendant No.19/KIADB. Accordingly, I pass the following : ORDER (i) Petition is disposed of. (ii) The impugned order dated 11.02.2025 passed by the III Additional Senior Civil Judge and CJM, Dharwad in O.S.No. 74/2024 is hereby set aside. (iii) The learned III Additional Senior Civil Judge and CJM, Dharwad shall proceed further with regard to the compromise accepting the same and parties have all - 10 - HC-KAR NC: 2025:KHC-D:8709 WP No. 102052 of 2025 signed the compromise petition and dispose of the matter in accordance to law. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT:BCK LIST NO.: 1 SL NO.: 75