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2025 DAILYLAW 55029 (KAR)

SMT GOWRAMMA v. SMT SARASAMMA

WP/6308/2024 · 2025-08-21

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32630 WP No. 6308 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6308 OF 2024 (GM-FC) BETWEEN: SMT GOWRAMMA, W/O M GOVINDAPPA, AGED ABOUT 52 YEARS, R/O ABBENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …PETITIONER (BY SRI. RAJASHEKARA H M.,ADVOCATE) AND: SMT SARASAMMA, W/O YALLAPPA @ ANNAPPA, AGED ABOUT 55 YEARS, R/AT ALAMBADI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 160. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 07.06.2018 IN CMC NO. 138/2017 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, AT MAUR A COPY OF WHICH IS PRODUCED AT ANNEXURE-C SO FAR IT RELATES TO RESERVATION OF 50 PERCENTAGE IN FAVOUR OF THE RESPONDENT TO MEET THE ENDS OF JUSTICE AND ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32630 WP No. 6308 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER This writ petition is filed by the petitioner seeking for the following prayer: (1) ISSUE, a writ of certiorari or any other writ quashing the order dated 7.6.2018 in CMC No.138/2017 on the file of Prl. Civil Judge & JMFC., at Maur a copy of which is produced at Annexure-C so far it relates to reservation of 50% in favour of the respondent to meet the ends of justice. (2) ISSUE, any other writ or direction that deems fit and necessary to meet the ends of justice. 2. The writ petition is filed against one Sarasamma. The compromise that is entered between one Gowramma and one Govindappa. When Sarasamma is made as a respondent, office has raised an objection. 3. Learned counsel for the petitioner submits that in the compromise petition, it is agreed between the parties that, after the demise of Govindappa, the Gowramma and Sarasamma (Second wife of Govindappa) are each entitled for - 3 - HC-KAR NC: 2025:KHC:32630 WP No. 6308 of 2024 50% from the pension amount. Basing on the compromise entered between the parties, a compromise decree was passed on 17.06.2018. Now, the petitioner wants that particular clause in the compromise petition to be set aside and according to the petitioner, Sarasamma has nothing to do with Govindappa. Hence, the present writ petition is filed. 4. The present writ petition is not maintainable as a party to the compromise cannot question the compromise decree by filing a writ petition. Secondly, against Sarasamma, who is not a party to the compromise decree, she cannot be impleaded in this writ petition and they cannot file a writ petition before this Court. If any fraud is played and decree is obtained, that can be questioned before the very same Court but not before this Court. Even on that ground also the writ petition is not maintainable before this Court and the office objection with regard to the array of the parties is also a valid objection. 5. On all these grounds, this Court proceeds to pass the following order: - 4 - HC-KAR NC: 2025:KHC:32630 WP No. 6308 of 2024 ORDER i) The writ petition is dismissed. ii) The petitioner is at liberty to avail the appropriate remedy subject to the law of limitation. iii) I.As, if any, in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PHM List No.: 2 Sl No.: 5