- 1 - HC-KAR NC: 2025:KHC:50579 WP No. 23458 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 23458 OF 2025 (GM-CPC) BETWEEN: 1. SRI BEEREGOWDA S/O. LATE RAMAIAH, AGED ABOUT 63 YEARS, R/ AT ARALUMALLIGE VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK - 561 203, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. JAGADISH J R., ADVOCATE) AND: 1. SRI B N NAGARAJU S/O. LATE NARAYANAPPA, AGED ABOUT 59 YEARS, 2. SRI. VENKATASHAMMAPPA @ VENKATASWAMAIAH, S/O. HANUMAIAH, AGED ABOUT 69 YEARS, 3. SRI. D.NARAYANAPPA, S/O. A.DODDANNA, AGED ABOUT 50 YEARS, Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50579 WP No. 23458 of 2025 ALL ARE RESIDING AT ARALUMALLIGE VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK - 561203, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. B. RAMESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE HON'BLE PRI. CIVIL JUDGE AND J.M.F.C., AT DODDABALLAPURA VIDE ORDER DATED 10.11.2021 IN O.S.361 OF 2021, PRODUCED AS ANNEXURE A ALLOWING THE APPLICATION/COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF C.P.C. FILED BY THE RESPONDENTS, PRODUCED AS ANNEXURE E AND CONSEQUENTLY DISMISS THE SAID COMPROMISE PETITION UNDER ORDER 23 RUE 3 OF C.P.C. FILED BY THE RESPONDENTS, IN O.S.361 OF 2021, THE HON'BLE PRL. CIVIL JUDGE AND J.M.F.C., AT DODDABALLAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioner and learned counsel for the respondents. - 3 - HC-KAR NC: 2025:KHC:50579 WP No. 23458 of 2025 2. This petition is filed by the petitioner, who was not a party to the proceedings initiated by respondent Nos.2 and 3/plaintiff Nos.1 and 2 in O.S.No.361/2021 before the Principal Civil Judge and JMFC., Doddaballapura. The relief sought for by the petitioner in this petition is as under: (i) Quashing the order passed by the Hon'ble Prl. Civil Judge and JMFC., at Doddaballapura vide order dated 10.1.2021 in O.S.361 of 2021, produced at Annexure-A allowing the application/compromise petition under order 23 rule 3 of C.P.C. filed by the respondents, produced as Annexure-E and consequently dismiss the said compromise petition under order 23 rule 3 of C.P.C. filed by the respondents, in O.S.361 of 2021, the Hon'ble Prl. Civil Judge and J.M.F.C., at Doddaballapura. (ii) Award costs of this petition and (iii) Pass any other order/issue any writ as this Hon'ble Court deems fit in the facts and circumstances of the case. - 4 - HC-KAR NC: 2025:KHC:50579 WP No. 23458 of 2025 3. It is the contention of the learned counsel for the petitioner that he was not made a party in O.S.No.361/2021 and the said suit subsequently came to be settled by way of a compromise petition. Initially, the property so claimed by the petitioner was not included in the suit schedule. It is contended that subsequently, while entering into the compromise petition schedule, Item No.3 which is claimed to be belonging to the petitioner has been included in the compromise petition without making the petitioner a party in the said suit proceedings. Therefore, he contends that the petitioner without being made a party in the suit proceedings and his property being included, a decree is now passed by way of a compromise petition executed by the plaintiff and the defendants therein, which is fraudulently done behind the back of the petitioner and therefore, he seeks interference of this Court. It is also submitted that Item No.3 of the petition schedule does not belong to the plaintiff or the defendants. Therefore, he seeks to allow this petition. - 5 - HC-KAR NC: 2025:KHC:50579 WP No. 23458 of 2025 4. Per contra, learned counsel for the respondents contends that the petitioner has already filed an application before the trial Court in O.S.No.361/2021 seeking to implead himself in the said proceedings, as he was not made a party, no orders are passed on the said application. It is no more res integra that in a suit filed questioning the compromise decree, if the party to the proceedings questions it or a party who was not arrayed as a party to the compromise petition questions, then he would be at liberty to approach the very same Court which passed the decree to file a necessary application or a miscellaneous petition in the said Court and seek necessary reliefs urging all contentions. Accordingly, this petition would not survive for consideration. Therefore, I pass the following: ORDER i) This petition is disposed of; ii) Petitioner is at liberty to approach the Prl. Civil Judge and JMFC., Doddaballapura, by - 6 - HC-KAR NC: 2025:KHC:50579 WP No. 23458 of 2025 filing an application or a miscellaneous petition, urging all grounds and contentions that are taken before this Court. iii) All contentions are kept open; Ordered accordingly. Pending IAs. do not survive for consideration, same pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE PSJ List No.: 1 Sl No.: 9