- 1 - NC: 2025:KHC-D:1957 WP No. 106512 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.106512 OF 2024 (GM-RES) BETWEEN: SMT. SHAILA W/O. RAVI SUTAR, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O: DANDELI – 581 325, TQ: DANDELI, DIST: UTTAR KANNADA. …PETITIONER (BY SRI SANTOSH BIRANGAGI AND SRI MEGHARAJ RAMU METRI, ADVOCATES) AND: 1. SMT. PREETI NANDA W/O. VINAY BHUSHAN, AGE: 75 YEARS, OCC: NIL, R/O: NEAR ST. MICHEAL’S CONVENT SCHOOL, TOWNSHIP DANDELI, TQ: DANDELI, DIST: UTTAR KANNADA, PIN CODE: 581 325. 2. SHRI DINESH NANDA S/O. VINAY BHUSHAN, AGE: 51 YEARS, OCC: BUSINESS, R/O: SAIGAL NIVAS DFA, TOWNSHIP DANDELI, TQ: DANNDELI, DIST: UTTAR KANNADA, PIN CODE: 581 325. 3. SMT. SUMAN SAIGAL W/O. JAIPAL SAIGAL, AGE: 57 YEARS, OCC: BUSINESS, R/O: SAIGAL NIVAS DFA, TOWNSHIP DANDELI, TQ: DANNDELI, DIST: UTTAR KANNADA, PIN CODE: 581 325. 4. SMT. JAYA W/O. MAXIM MANEZES, AGED ABOUT 55 YEARS, OCC: SEVICE, R/O: NEAR ST MICHAAELS, CONVENT SCHOOL, BANGALORE – 560 001. 5. SMT. SANGEETA NANDA W/O. BHARAT PATTU, AGED ABOUT 52 YEARS, OCC. TEACHER IN KHIP Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:1957 WP No. 106512 of 2024 PRIMARY SCHOOL, KARGAL TQ: SAGAR, DIST: SHIMOGA – 577 421. …RESPONDENTS (BY SRI SHRIDAR PRABHU, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE COMPROMISE DECREE PASSED BY THE LOK ADALAT, DANDELI IN O.S.NO.257/2021 DATED 25.06.2022, VIDE ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “1. Issue a writ, order or direction in the nature of certiorari by quashing the compromise decree passed by the Lok Adalath, Dandeli in O.S. No.257/2021, dated 24.06.2021, in the interest of justice and equity. 2. Issue such other order or direction that is deemed fit under the facts and circumstances of the case in the interest of justice and equity.” 2. On hearing both the parties, this Court on 28.01.2025 had passed the following order: “The petitioner is the wife of one Ravi Sutar. The respondent is the landlord. The petitioner along with her husband entered into the property of the respondent by way of lease. The lease comes to an - 3 - NC: 2025:KHC-D:1957 WP No. 106512 of 2024 end in the year 2021. The property does not hand over to the landlord. A compromise is entered into in O.S.No.257/2021, in which, the tenants/petitioner and her husband undertook to vacate the premises within one month from the date of entering into the compromise. It is now 4 years, the date on which, the compromise entered and the petitioner is still spotting over the property. Now the wife is before the Court seeking quashment of the compromise decree arrived at in O.S.No.257/2021. The husband is said to have filed a petition seeking adverse possession over the property in O.S.No.15/2023. Be that as it may. It appears that the husband and the wife in separate petitions are playing hide and seek over the property of the respondent-landlord. The husband hides and the wife seeks the relief and the wife hides and husband seeks the relief before the concerned Courts. The learned counsel for the petitioner, on instructions, would submit that if two months time is granted, both the husband and wife would vacate the premises. Therefore, the petitioner shall along with her husband file an affidavit of undertaking before this Court on the next date. List this matter on 31.01.2025 in the fresh matters list.” 3. Pursuant to the afore-quoted order, the petitioner has filed an affidavit of undertaking that he would vacate the subject premises within two months from today. The affidavit reads as follows: - 4 - NC: 2025:KHC-D:1957 WP No. 106512 of 2024 “We, Smt. Shaila W/o Ravi Sutar, Age: 52 years, Occ: Household, R/o: Dandell, TQ: Dandeli, Dist: Uttara Kannada and shri ravi sutar, age: 54 years, occ: business, r/o: dandeli, tq: dandeli, dist: uttara kannada now at dharwad do hereby state on solemn affirmation as under. 1. That, I am Petitioner No.1 in this Writ Petition and Ravi Sutar is my husband we know the facts of the case hence we swearing to this affidavit. 2. We state that are the Tenant and the Respondent No. 1 is the landlord and we entered into a Rent Agreement with the landlord. We are punctually paying Monthly Rentals from time to time and also the Rent Agreement was renewed from time to time. That while the Rent Agreement was in force, Respondents approached us and asked to vacate the house failing which they would forcefully evict us from the possession. Being aggrieved by such an act of the Respondents we preferred a Suit for Permanent Injunction in O.S NO. 257/2021 on the file of the Civil Judge, Dandeli against the Respondents. That, the matter was referred to Lok Adalat, and on 25.06.2022 the matter was settled amongst the parties before the Lok Adalat as such a Compromise Decree was drawn accordingly specifying Terms and conditions between the Parties. As per the Terms mentioned, we were supposed to vacate the Rental Property on or before 24.06.2023 and another important Term as per the Compromise Decree was that the Respondents would not interfere in the affairs of us in any manner and they would not abuse us and disturb the peaceful possession of us. Being such an instance, before 24.06.2023 on many occasions, the Respondents violated the conditions of the Compromise decree by publishing defamatory statements on Social Media against us and abusing with filthy language. This has caused mental agony and trauma and we are unable to find alternative Rental Accommodation in Dandeli. 3. We state that this Hon'ble Court dated 28.01.2025, which granted two months time to both of us to vacate the premises of Respondents and instructed us to file an affidavit of undertaking before this Court. 4. We, Smt. Shaila W/o Ravi Sutar and Ravi Sutar undertaking to vacate the rental premises of Respondents within two months as per the order of this Hon'ble Court - 5 - NC: 2025:KHC-D:1957 WP No. 106512 of 2024 and we request this Hon'ble Court to direct the Respondents to withdraw the derogatory remarks published on social media. Hence the Affidavit.” 4. It is made clear that, in the event there is a breach of the affidavit of undertaking, the matter would be viewed seriously. 5. Learned counsel for the landlord submits that ₹47,000 is in due of rent, the petitioners shall clear the rent before vacating and handing over vacant premises to the hands of the landlord. 6. For the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 13