- 1 - HC-KAR NC: 2025:KHC:31954 WP No. 578 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 578 OF 2024 (GM-CPC) BETWEEN: 1. VISHAL RAJGOPAL SINCE DEAD BY HIS LRS, GIRIJA RAJAGOPAL, AGED ABOUT 54 YEARS, W/O LATE VISHAL RAJAGOPAL, 2. SRI VISHAL R. PRASAD S/O LATE VISHAL RAJAGOPAL, AGED ABOUT 50 YEARS, 3. SRI VISHAL R SURESH S/O LATE VISHAL RAJAGOPAL, AGED ABOUT 34 YEARS, ALL ARE RESIDING AT NO 253, BEML LAYOUT, BEHIND SHOPPING COMPLEX, RAJARAJESHWARINAGAR, BENGALURU 560098 …PETITIONERS (BY SRI. K V NARASIMHAN., ADVOCATE) AND: 1. M.S. SIMPANNA SINCE DEAD BY HIS LR'S LAKSHMAMMA, W/O RAMANJINAPPA, AGED ABOUT 70 YEARS, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31954 WP No. 578 of 2024 R/AT BIDARAHALLI VILLAGE, BIDARAHALLI HOBLI, K R PURAM TALUK, BENGALURU DISTRICT - 560036 2. SMT SHARADAMMA WIFE OF BYRAREDDY, AGED ABOUT 65 YEARS, R/AT MADIWALA VILLAGE, VEMAGAL HOBLI, KOLAR TALUK, AND DISTRICT 563102 3. SRI N VENKATESHAPPA S/O LATE C NARAYANAPPA, AGED ABOUT 58 YEARS, R/AT MALIYAPPANAHALLI VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT 562114 4. SRI RAJAKUMAR R SON OF LATE VISHAL RAJAGOPAL, AGED ABOUT 52 YEARS, RESIDING AT NO 253, BEML LAYOUT, BEHIND SHOPPING COMPLEX, RAJARAJESHWARINAGAR, BENGALURU 560098 5. SRI C R CHENNABASAPPA S/O LATE RAJAPPASHETTY, AGED ABOUT 72 YEARS, R/AT NO 34, 1ST CROSS, RAGHAVENDRASWAMY TEMPLE, 2ND STAGE, PAPIREDDYPALYA BENGALURU 560072 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 28.07.2022 PASSED ON IA NO.14 BY THE LEARNED XIV ADDL. CITY CIVIL AND SESSIONS JUDGE AT - 3 - HC-KAR NC: 2025:KHC:31954 WP No. 578 of 2024 BENGALURU CITY (CCH 28) IN EX.PET.883/2006 AT ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners call in question the order dated 28.07.2022 passed on IA No.XIV in Ex.No.883/2006 by the XIV Addl. City Civil Judge, Bangalore (CCH No.28). 2. Heard Sri. K V Narasimhan, learned counsel appearing for petitioners and perused the material on record. 3. Learned counsel for the petitioners submits that the decree holder and the judgment debtor have settled the dispute among themselves before the concerned Court by drawing up certain terms of compromise to the settlement. 4. A memorandum of compromise is filed before the Court and compromise is recorded and the execution petition stands disposed of by the following: - 4 - HC-KAR NC: 2025:KHC:31954 WP No. 578 of 2024 "ORDER Exhibit 883/2006 Case called out. Sri. CGC Advocate files NOC Vakalath for Lrs of DHR. Sri. KVN Advocate files vakalath for JDR No.1(b) and JDR No.1(a) files application u/Order 3 Rule 2 read with Section 151 of Code of Civil Procedure seeking permission to prosecute the case through GPA of JDR No.1(d). The application is allowed with consent of counsel for the DHR. LRS of DHR and JDR and GPA of JDR No.1(a) are present and files compromise petition under Order 23 Rule 3 of CPC. It is submitted that parties are amicably settled the dispute among themselves and in view of amicable settlement the LRS of DHR have agreed to receive only Rs.2,50,000/- against decreetal amount of Rs.6,22,762/-. In terms of compromise, the Lrs of JDR have issued DD bearing No.525242 for Rs.2,50,000/- in favour of DHR No.1(c) N. Venkateshappa. Read over the contents of the compromise petition to both parties and they acknowledged the same as true and corrected. The parties have voluntarily entered into compromise without any threat and undue influence. Hence following ORDER The compromise petition filed under Order 23 Rule 3 of Code of Civil Procedure hereby allowed. In view of the execution petition disposed of as E.F.S. Ordered accordingly." 5. In that light, the subject petition does not survive for consideration. Accordingly, writ petition stands disposed recording the aforesaid facts. - 5 - HC-KAR NC: 2025:KHC:31954 WP No. 578 of 2024 6. In the light of the settlement arrived at between the parties as made form, the impugned order stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE SSD List No.: 1 Sl No.: 251