- 1 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 59198 OF 2016 (GM-CPC) BETWEEN: SMT. R. PUTTANANJAMMA (SINCE DEAD REP BY LRS) 1a. S. PARAMESHWARA S/O SHIVANNA AGED ABOUT 50 YEARS #152, 1ST MAIN ROAD NEAR GOVT. SCHOOL BENNIGANAHALLI BANGALORE - 560 016. …PETITIONER (BY SRI PRAKASH T HEBBAR, ADV.) AND: 1. SMT. NANJAMMA SINCE DECEASED REPRESENTED BY HER LEGAL REPRESENTATIVES, WHO ARE RESPONDENTS 1 TO 3. SHRI R. MADAIAH S/O LATE REVANNA AGED ABOUT 73 YEARS. 2. SHRI R PUTTAMADAIAH S/O LATE REVANNA, AGED ABOUT 63 YEARS. 3. SHRI R. GIRIMADAIAH S/O LATE REVANNA, AGED ABOUT 64 YEARS. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 4. SMT. BASAMMA W/O MADAIAH, AGED ABOUT 64 YEARS. 5. SMT. SIDDAGANGAMMA W/O R PUTTAMADAIAH AGED ABOUT 57 YEARS. 6. SMT. SHIVARUDRAMMA W/O GIRIMADAIAH AGED ABOUT 54 YEARS. SL.NO.1 TO 6 ARE R/AT NO.1, 1ST CROSS, 2ND MAIN ROAD BENNIGANAHALLI OLD MADRAS ROAD, DOORAVANINAGAR POST BENGALURU - 560 016. 7. N. SIDDALINGAIAH S/O LATE NANJUNDAIAH SINCE DECEASED - NO LEGAL REPRESENTATIVES. SHRI SHIVARAJU M S/O LATE MADAMMA GRANDSON OF LATE NANJUNDAIAH AGED ABOUT 61 YEARS. REVAMMA W/O LATE NANJUNDAIAH SINCE DECEASED HER LEGAL REPRESENTATIVE IS ALREADY ON RECORD AS RESPONDENT NO.8. 8. SHRI N VEERABHADRAIAH S/O LATE REVAMMA AGED ABOUT 65 YEARS. NANJAMMA D/O LATE NANJUNDAIAH SINCE DECEASED, HER LEGAL REPRESENTATIVE ARE ALREADY ON RECORD AS RESPONDENTS 9 TO 10. - 3 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 9. SHRI CHANDRA S/O LATE NANJAMMA AGED ABOUT 48 YEARS. RESPONDENTS 7 TO 9 ARE R/AT BENNIGANAHALLI K.R. PURAM HOBLI DOORAVANINAGAR POST BENGALURU - 560 016. 10. SMT. BHUVANESHWARI D/O LATE NANJAMMA W/O SHRI RAGHU AGED ABOUT 45 YEARS R/AT NO. 96/7, OLD MILL ROAD KAMANHALLI, BENGALURU - 560 084. …RESPONDENTS (BY SMT. ANAGHA JAYAPRAKASH, ADV., FOR SRI S.V. SRINIVAS, ADV., FOR R-1 & R-4; SRI SUBRAMANYA KAUSHIK R.S, ADV., FOR R-5 & R-7 TO R-10; R-3, R-6 SERVED - UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DT.3.8.2016 PASSED BY THE XXII ADDL. CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH NO.7) REJECTING I.A.NO.1/2013 FILED U/S 151 OF CIVIL PROCEDURE CODE FOR RE- OPENING THE CASE AND I.A.NO.2/2013 FILED UNDER ORDER XXIII RULE 3 R/W SEC. 151 OF CPC FOR DE NOVO TRIAL AS PER ANNX-A BY ALLOWING THE SAME AS PRAYED FOR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed with a prayer to set aside the order dated 03.08.2016 - 4 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 passed on IA nos.1 & 2 of 2013 in O.S.2107/1988 by the Court of XXII Addl. City Civil & Sessions Judge, Bengaluru. 2. Heard the learned Counsel for the parties. 3. Suit in O.S.No.2107/1988 was filed by the petitioner and respondent nos.1 to 8 herein before the jurisdictional Civil Court at Bengaluru, seeking the relief of partition and separate possession of the suit schedule properties and also for mesne profits. The said suit was decreed on 23.07.1988 on the basis of a compromise petition filed by the parties to the suit. Subsequently, on 05.10.2001, petitioner herein who was plaintiff no.5 in O.S.No.2107/1988 had challenged the compromise decree passed in O.S.No.2107/1988 by filing a fresh suit in O.S.No.7732/2001. The said suit was dismissed on the ground that a fresh suit was barred under Order XXIII Rule 3A of CPC, and aggrieved by the same, petitioner had filed R.F.A.No.421/2010 before this Court and this Court on 27.06.2013 dismissed the said appeal with an observation that, in the event petitioner files any application in O.S.No.2107/1988 with a prayer to set aside the compromise decree passed in the said suit, such application/petition shall be - 5 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 considered and decided in accordance with law. It is under these circumstances, IA nos.1 & 2 of 2013 were filed by the petitioner in O.S.No.2107/1988 under Section 151 of CPC and under Order XXIII Rule 3 of CPC with prayers' to re-open the case and to set aside the compromise decree dated 23.07.1988 passed in O.S.No.2107/1988. The prayer made in IA nos.1 & 2 of 2013 by the petitioner was opposed by the contesting respondents by filing objections. The Trial Court vide the order impugned has rejected IA nos.1 & 2 of 2013 filed in O.S.No.2107/1988, and being aggrieved by the same, petitioner is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the compromise decree was obtained by fraud. Fraud vitiates everything and even the question of limitation is subject to fraud. He submits that no equity can be pleaded by the respondents once fraud is established. He submits Trial Court has failed to appreciate this aspect of the matter and in support of his arguments, he has placed reliance on the judgment of this Court in WP - 6 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 No.35720/2015 C/w WP No.36084/2015 disposed off on 22.08.2017. 5. Per contra, learned counsel for the contesting respondents has opposed the prayer made in the petition and submits that petitioner was plaintiff No.5 in OS No.2107/1988 and she is a signatory to the compromise petition based on which compromise decree was passed in OS No.2107/1988. Petitioner has sold major portion of the properties which were allotted to her share under the compromise decree passed in OS No.2107/1988. The Trial Court having appreciated this aspect of the matter has rightly dismissed the applications filed on behalf of the petitioner, in OS No.2107/1988. Accordingly, she prays to dismiss the petition. 6. A perusal of the material on record would go to show that OS No.2107/1988 was filed seeking the relief of partition and separate possession of the suit schedule properties and also for mesne profits. Plaintiff Nos.1 to 8 had claimed 1/12th share each in the suit schedule properties. Petitioner is plaintiff no.5 in the suit. The suit was decreed on 23.07.1988 based on the compromise petition submitted by the parties to the suit. After - 7 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 a lapse of more than 13 years from the date of decree passed in OS No.2107/1988, the petitioner herein had filed OS No.7732/2001 with a prayer to set-aside the compromise decree passed OS No.2107/1988. The said suit was dismissed on the ground that fresh suit was barred under Order XXIII Rule 3-A of CPC and the said judgment and decree passed in OS No.7732/2001 was confirmed in RFA No.421/2010 by this Court and while dismissing RFA No.421/2010, this Court had observed that in the event, petitioner files any application in OS No.2107/1988 with a prayer to set-aside the compromise decree passed in the said suit, such application/petition shall be considered and decided in accordance with law. It is under these circumstances, IA Nos.1 and 2 of 2013 were filed in OS No.2107/1988, with a prayer to re-open the case and also to set-aside the compromise decree dated 23.07.1988 passed in OS No.2107/1988. 7. The prayer made in IA Nos.1 and 2 of 2013 were opposed by the contesting defendants by filing objections and a specific plea is raised in the statement of objections stating that petitioner who was plaintiff No.5 in OS No.2107/1988 was a - 8 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 party to the compromise petition which was duly signed by her and in terms of the compromise petition, final decree was drawn on 23.07.1988. It is also stated that the petitioner who was allotted share in the suit schedule properties in terms of the compromise decree has subsequently executed multiple Sale Deeds and has sold the properties allotted to her under the compromise decree for valid sale consideration and thereafter, has belatedly challenged the compromise decree. The material on record would go to show that petitioner, who was plaintiff No.5 in OS No.2107/1988 has been allotted Item Nos.1 and 2 of schedule "I" property 7. Learned counsel for the petitioner during the course of arguments had submitted that though contesting defendants had raised an objection that petitioner has executed multiple Sale Deeds in respect of the properties allotted to her share under the compromise decree in OS No.2107/1988, no document was produced in support of his contention. This Court had therefore called upon the contesting respondents to produce copy of the aforesaid Sale Deeds. Learned counsel for the contesting respondents has produced copy of the five Sale - 9 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 Deeds executed by the petitioner which are referred to above along with a memo dated 27.10.2025 after serving a copy of the same to learned counsel for the petitioner. 8. Perusal of the said sale deeds would go to show that the said documents prima facie show that properties sold under the said Sale Deeds are described as ancestral or joint family properties of the petitioner. It prima facie appears that properties sold under the aforesaid Sale Deeds are part and parcel of the properties which were allotted to the share of the petitioner under the compromise decree passed in OS No.2107/1988. Though the petitioner has disputed during the course of arguments that she has not executed any such Sale Deeds, no such contention is raised in the pleadings in this writ petition. Even otherwise, copy of the aforesaid Sale Deeds is now produced before this Court by the contesting defendants and petitioner has not disputed that the said Sale Deeds are not executed by her. Under the circumstances, I am of the opinion that the Trial Court was fully justified in rejecting IA Nos.1 and 2 of 2013 filed in OS No.2107/1988, which are not only bereft of merits but also filed belatedly. - 10 - HC-KAR NC: 2025:KHC:45027 WP No. 59198 of 2016 9. It is true that fraud vitiates everything and even question of limitation is subject to fraud and no equities can be claimed by any party in the event it is found that any order was obtained by playing fraud. But in the case on hand, petitioner has miserably failed to make out a case that fraud was played by other parties to the suit and thereby a compromise decree was passed in OS No.2107/1988. Petitioner having executed Sale Deeds in respect of the properties which were allotted to her under the compromise decree cannot be permitted to raise the ground of fraud thereafter belatedly. The judgment of this Court in WP No.35720/2015 C/w WP No.36084/2015 on which reliance has been placed by learned counsel for the petitioner, therefore, cannot be made applicable in this case. Under the circumstances, I do not find any merit in the writ petition. According, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE DN