- 1 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 24894 OF 2015 (GM-RES) BETWEEN: 1. BALASUBRAMANYAM SINCE DECEASED, BY LRS 1(a). SMT. ANASUYAMMA @ ANNAPOORNAMMA W/O LATE BALASUBRAMANYAM AGED ABOUT 67 YEARS, R/AT NEAR KOLARAMMA TEMPLE, FORT, KOLAR TOWN, KOLAR DISTRICT - 563 101. 1(b). SMT. UMA @ UMADEVI B. D/O LATE BALASUBRAMANYAM AGED ABOUT 40 YEARS, R/AT DOOR NO.57, 6TH CROSS, 5TH MAIN, RPC LAYOUT, VIJAYANAGAR 2ND STAGE, BENGALURU - 560 047. 1(c). SMT. SUMA D/O LATE BALASUBRAMANYAM AGED ABOUT 39 YEARS, R/AT DOOR NO.72, KALPATHARU ENTERPRISES, NAGADENAHALLI ROAD, KENGERI UPA NAGAR, BENGALURU - 560 037. 1(d). KUM. RAMA D/O LATE BALSUBRAMANYAM AGED ABOUT 32 YEARS, R/AT DOOR NO.43, 5TH CROSS, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 AMBEDKAR NAGAR, BANASHANKARI 1ST STAGE, BENGALURU - 560 047. …PETITIONERS (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. SRI. CHANDRASHEKARA DIXIT SINCE DECEASED, BY LRS 1(a). SRI. SOMASHEKAR DIXITH C. S/O LATE CHANDRASHEKARA DIXIT, R/AT SHANKARMUTT ROAD, FORT, KOLAR TOWN, KOLAR DISTRICT - 563 101. 1(b). SRI. RAVISHANKAR DIXITH C. S/O LATE CHANDRASHEKARA DIXIT, AGED ABOUT 52 YEARS, R/AT SRI. MARKANDESHWARA TEMPLE, VOKKALERI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 1(c). SRI. GOWRISHANKAR DIXITH C. S/O LATE CHANDRASHEKARA DIXIT, AGED ABOUT 50 YEARS, R/AT SRI. SHAKTHI GANAPATHI TEMPLE, VOKKALERI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 1(d). SRI. C. SHIVAKUMAR S/O LATE CHANDRASHEKAR DIXIT, AGED ABOUT 48 YEARS, R/AT KALIKAMBA KAMATESHWARA TEMPLE, ACHARI BEEDI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 1(e). SRI. C. NAGABHUSHANA S/O LATE CHANDRASHEKAR DIXIT AGED ABOUT 46 YEARS, R/AT CHOWDESHWARI TEMPLE, - 3 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 MANDIKAL, MULBAGAL TALUK, KOLAR DISTRICT - 563 101. 1(f). SRI. NATARAJA DIXITH S/O LATE CHANDRASHEKAR DIXIT AGED ABOUT 43 YEARS, R/AT NEAR SHANKARA MUTT ROAD, FORT, KOLAR TOWN, KOLAR DISTRICT - 563 101. 1(g). SMT. MANJULA C. D/O LATE CHANDRASHEKAR DIXIT, AGED ABOUT 41 YEARS, R/AT NO.85, 5TH CROSS, ITTAMADUGU MAIN ROAD, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. 2. S. MANJUNATHAIAH SINCE DECEASED BY LRS. 2(a). SMT. NALANI W/O LATE MANJUNATH AGED ABOUT 50 YEARS. 2(b). SRI. VENKATESH S/O LATE MANJUNATH AGED ABOUT 33 YEARS. 2(c). SMT. NAVYA D/O LATE MANJUNATH AGED ABOUT 30 YEARS. RESPONDENTS 2(a) TO 2(c) ARE R/AT SHANKARMUTT ROAD, FORT, KOLAR TOWN, KOLAR DISTRICT - 563 101. 3. SMT. PUTTAMMA W/O LATE SOMAIAH AGED ABOUT 80 YEARS, - 4 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 R/AT SHANAKARMUTT ROAD, FORT, KOLAR TOWN, KOLAR DISTRICT - 563 101. 4. SRI. NANJUNDAIAH S/O LATE SOMAIAH, AGED ABOUT 83 YEARS, R/AT SHANKARMUTT ROAD, FORT, KOLAW TOWN, KOLAR DISTRICT - 563 101. 5. SMT. LAKSHMIDEVAMMA D/O LATE SOMAIAH, W/O SHANUBOGH RAMAPPA, AGED ABOUT 72 YEARS, R/AT VOKKALERI VILLAGE AND HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 6. SMT. SUBBAMMA D/O SOMAIAH, AGED ABOUT 71 YEARS, R/AT SHAKARMUTT ROAD, FORT, KOLAR TOWN,. KOLAR DISTRICT - 563 101. 7. SMT. KRISHNAPPA S/O LATE RAMAIAH AGED ABOUT 58 YEARS, R/AT MADERAHALLI VILALGE, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 8. SRI. M. DEVEGOWDA SINCE ECEASED BY LRS. 8(a). SMT. SARASWATHAMMA W/O LATE DEVEGOWDA AGED ABOUT 70 YEARS, R/AT MARAKONDAPURA, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. - 5 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 9. SRI. N. VENKATESHAPA S/O NARAYANAPPA, AGED ABOUT 54 YEARS, R/AT CHOWDADENAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 10. SMT. ANANTH D/O LATE BALASUBRAMANYAM AGED ABOUT 45 YEARS, R/AT SHAKARMUTT ROAD, FORT, KOLAR TOWN, KOLAR DISTRICT - 563 101. 11. SMT. YASHODAMMA W/O V. SRINIVAS GOWDA, AGED ABOUT 59 YEARS, R/AT VOKKALELRI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 12. SRI. MUNIVENKATAPPA S/O LATE BOVI MUNIYAPPA AGED ABOUT 66 YEARS, R/AT VOKKALERI VILLAGE AND HOBLI, KOLAR TALUK, KOLAR DISTRICT. …RESPONDENTS (BY SRI. VARUN P., ADVOCATE FOR SRI. SUNIL T., ADVOCATE FOR R1(a), (b), (d) AND (g); SRI. JNANESH KUMAR K., ADVOCATE FOR R1(c) AND (e); SRI. T.A. KARUMBAIAH, ADVOCATE FOR R2(a) TO (c); SRI. S.K. VENKATACHALAPATHI, ADVOCATE FOR R8(a); SRI. V. RAGHUNATH, ADVOCATE FOR R10; SRI. P. SRINIVASAIAH, ADVOCATE FOR R11; SRI. RAJESH GOWDA, ADVOCATE FOR R12; RESPONDENT NO.1(f) - SERVED; V/O DATED 24.03.2016, NOTICE TO R3 TO R7 AND R9 IS DISPENSED WITH - 6 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 19TH FEBRUARY, 2014 PASSED IN REGULAR APPEAL NO.95 OF 2010 ON THE APPLICATION FILED UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN LOK ADALATH ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR VIDE ANNEXURE-A; QUASH THE COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE FO CIVIL PROCEDURE DATED 15TH FEBRUARY, 2014 IN LOK ADALATH ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR VIDE ANNEXURE-B INSOFOR AS IT RELATES TO THE SHARE OF PETITIONERS IN RESPECT OF THE SUIT SCHEDULE PROPERTIES; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, petitioners are challenging the order dated 19th February, 2014 (Annexure-A) passed by the I Additional District Judge, Kolar in Regular Appeal No.95 of 2010, wherein the compromise petition filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure - 7 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 came to be accepted before the Lok Adalat and consequently, directed to draw the decree in terms of the compromise petition filed by the parties therein. 2. Heard learned counsel appearing for the parties. 3. Sri. Bhadrinath R., learned counsel appearing for petitioners, by referring to the cause title in Original Suit No.115 of 1999 before the Trial Court and Regular Appeal No.95 of 2010 before the First Appellate Court, submitted that the plaintiffs 2 and 4 are no more and there legal representatives have been brought on record. It is also submitted by learned counsel appearing for petitioners that the petitioners herein are the legal representatives of the defendant No.2 and no share has been allotted in favour of the branch of defendant No.2-late Balasubramanyam before the Lok Adalat and that apart, there is no equitable distribution of properties in the joint family. Accordingly, he sought for interference of this Court. 4. Per contra, Sri. T.A. Karumbaiah, learned counsel appearing for respondents 2(a) to 2(c) submits that, even if the legal representatives of plaintiffs 2 and 4 were not brought on - 8 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 record before the First Appellate Court, shares of the properties will not be changed as the plaintiff No.4 died as bachelor, who is the son of the plaintiff No.2. Therefore, learned counsel Sri. T.A. Karumbaiah submits that the legal representatives of the plaintiff No.1 have invested huge money for the development of schedule property and accordingly, opposed the present writ petition. 5. Sri. S.K. Venkatachalapathi, learned counsel appearing for the respondent No.8(a) submits that the respondent No.8(a) is no more and legal representatives have to be brought on record as she is one of the purchasers of the schedule property. 6. Sri. B. Srinivasaiah, learned counsel appearing for the respondent No.11 and Sri. Rajesh Gowda, learned counsel appearing for the respondent No.12 submits that the respondents 11 and 12 are the purchasers of the portion of the schedule property and therefore, protection has to be given to the bona fide purchasers in view of the fact that the purchasers had invested huge money on the schedule property. - 9 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 7. In the light of submission made by learned counsel appearing for the parties, I have carefully examined the writ papers. On perusal of the same would indicate that, Original Suit No.115 of 1999 has been filed before the Trial Court and the said suit came to be decreed in-part on 16th April, 2010 (Annexure-D). Thereafter, Regular Appeal No.95 of 2010 was preferred before the First Appellate Court by the defendant No.1 and in the said appeal, Compromise Petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure was filed, which was accepted before the Lok Adalat on 19th February, 2014 and accordingly, directed to draw a decree in terms of the compromise petition. On careful perusal of the Compromise Petition filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, the same would indicate that, at paragraph 5 of the said compromise petition, certain corrections have been made, however, the said corrections were not endorsed by all the parties to the proceedings. It is also to be noted that, there is no equitable share to the petitioners herein in the joint family property as contended by learned counsel appearing for petitioners. Therefore, I find force in the submission made by - 10 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 learned counsel appearing for petitioners with regard inequitable share made before the Lok Adalat in terms of the Compromise petition. Hence, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Order dated 19th February, 2014 (Annexure-A) passed in Regular Appeal No.95 of 2010 on the file of the I Additional District Judge, Kolar is hereby set-aside; consequently, the Compromise Petition filed before the Lok Adalat under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure is hereby quashed; (iii) The matter is remitted to the I Additional District Judge, Kolar in Regular Appeal No.95 of 2010 to re-hear the matter afresh, after affording an opportunity of hearing to all the parties concerned and take decision in the matter; (iv) Since the parties are represented through their learned counsels, in order to avoid further delay in the matter, they are directed to appear before the learned District Judge on 08th January, 2026 at 11.00 am and the - 11 - HC-KAR NC: 2025:KHC:49023 WP NO.24894 OF 2015 learned District Judge is requested to expedite the hearing. (v) All the contentions of the parties are kept open. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 18