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2025 DAILYLAW 53320 (KAR)

SRI PRABHAKAR S/O BASAVRAJ BARKI v. SRI NAGAPPA S/O SANNALAKAMAPPA PUJAR

WP/101626/2022 · 2025-09-26

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13523 WP No. 101626 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101626 OF 2022 (GM-CPC) BETWEEN: SRI PRABHAKAR S/O BASAVRAJ BARKI AGE. 52 YEARS, OCC. AGRICULTURE, R/O. MELDERI, TQ. RANEBENNUR DIST. HAVERI, PIN CODE-581110. …PETITIONER (BY SRIYUTHS. S M KALWAD, JAYAVANT KAMBALI, ADVOCATES) AND: SRI NAGAPPA S/O SANNALAKAMAPPA PUJAR AGE. 51 YEARS, OCC. AGRICULTURE, R/O. MELDER, TQ. RANEBENNUR, DIST. HAVERI, PIN CODE-581110. …RESPONDENT (BY SRI. DINESH M. KULKARNI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 11.04.2022 MADE IN EP NO. 214/2017 PASSED BY THE COURT OF I ADDL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR IN SO FAR AS PETITIONER IS CONCERNED ( VIDE - ANNEXURE-C) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13523 WP No. 101626 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation “For the Nation” 90 days’ drive. Smt.Aruna S. Desai was appointed as the Mediator in the present case. 2. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memo of settlement has been filed, recording the terms of the compromise, which reads as under: 1. “That the Petitioner and Respondents submits their respective joint memo as under:- That the above said respective parties have settled the matter amicably for sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) with the intervention of the elders of the village and both the parties have entered into settlement voluntarily without anybody's influence or under any coercion. Hence the Respondent is hereby agreed to withdraw the execution petition i.e. EP No.214/2017 pending on the file of I Additional Senior Civil Judge and JMFC, Ranebennur filed - 3 - HC-KAR NC: 2025:KHC-D:13523 WP No. 101626 of 2022 for recovery of decreetal amount passed in OS No.79 /2001 on the next date of hearing by presenting the order of this Hon'ble court and also Respondent is hereby agreed to withdraw any other suits, execution petition or any other cases related to OS No.79 /2001 decreed on 23/02/2006 in his favour. Hence, the Respondent herein is hereby agreed to withdraw the Ex. Petition No.214/2017 as full and final settlement for Rs.1,50,000/-(Rupees One Lakh Fifty Thousand Only) and the said amount is already received by him and for this Respondent has endorsed for having received the settled amount today, in the interest of justice and equity. HENCE, THIS JOINT MEMO” 3. Accepting the joint memo of settlement, the petition is disposed of in accordance with the settlement reached between the parties. 4. This Court records its appreciation for the efforts of the learned Mediator Smt.Aruna S. Desai in amicably resolving the dispute. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 60