- 1 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 47653 OF 2015 (GM-CPC) BETWEEN: 1. SRI C VENKATESHAPPA SINCE DECEASED REPRESENTED BY HIS LRs. SMT. MAMATHA C.V. W/O RAMESHAPPA D/O LATE C. VENKATESHAPPA AGED ABOUT 40 YEARS R/AT ITTASANDRA VILLAGE NANDAGUDI HOBLI HOSAKOTE TALUK - 562 122 BENGALURU RUREAL DISTRICT. 2. SMT. PRATHIBA V. W/O MUNISWAMY GOWDA D/O LATE C. VENKATESHAPPA AGED ABOUT 38 YEARS R/AT RALAKUNTE VILLAGE SULEBELE HOBLI HOSAKOTE TALUK - 562 122 BENGALURU RUREAL DISTRICT. 3. SMT. SHASHIKALA C.V W/O B.G. KRISHNAPPA D/O LATE C. VENKATESHAPPA AGED ABOUT 36 YEARS R/AT BOORAMAKALAHALLI VILLAGE MURAGAMALLA HOBLI CHINTAMANI TALUK - 3 146 CHIKKABALLAPURA DISTRICT. 4. SMT. SHYLA C.V. W/O G.N. DEVARAJ Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 D/O LATE C. VENKATESHAPPA AGED ABOUT 34 YEARS R/AT GEJJIGANAHALLI VILLAGE KASABA HOBLI SHIDLAGHATTA TALUK - 562 105 CHIKKABALLAPURA DISTRICT. 5. SRI V. SRINIVASA S/O LATE C. VENKATESHAPPA AGED ABOUT 32 YEARS R/AT CHANNASANDRA VILLAGE VEMAGAL HOBLI KOLAR TALUK - 563 101 KOLAR DISTRICT. …PETITIONERS (BY SRI N. SATISH, ADV.,) AND: 1. SRI RAMOJI RAO SINCE DECEASED REPRESENTED BY HIS LRs SMT. SHANTHA BAI D/O LATE RAMOJI RAO AGED ABOUT 65 YEARS. 2. SRI SHANTHOJI RAO S/O LATE RAMOJI RAO AGED ABOUT 62 YEARS. 3. 3a. SMT. B.R. SAVITHRI BAI SINCE DECEASED REPRESENTED BY HER LRS. SMT. VIJAYA BAI D/O RAMAJI RAO W/O SUKHIRAM OJA AGED ABOUT 50 YEARS R/AT BEECHAGONDANAHALLI VILLAGE VEMAGAL HOBLI KOLAR TALUK - 563 102 KOLAR DISTRICT. - 3 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 4. SMT. B.R.KRISHNAVENI D/O LATE RAMOJI RAO AGED ABOUT 45 YEARS. 5. SMT. B.R. MANU BAI D/O LATE RAMOJI RAO AGED ABOUT 42 YEARS. 6. SRI MANOHAR SINCE DECEASED REPRESENTED BY HIS LRS THE RESPONDENT NO.1 TO HEREIN WHO ARE ALREADY ON RECORD. ALL ARE RESIDENTS OF BEECHAGONDANAHALLI VILLAGE VEMGAL HOBLI, KOLAR TALUK - 563 102 KOLAR DISTRICT. …RESPONDENTS (BY SRI M.V. NAVEEN REDDY, ADV., FOR C/R-1 ALSO R-4 & R-5, R-3(b) SRI C.M. NAGABHUSHAN, ADV., FOR R-2; V/O DTD:05.01.2024, R-6 IS DEAD AND LRs ARE ALREADY RECORD AS R-1, R-2, R-4 & R-5; R-3(a) -SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD28.9.2015 PASSED BY THE COURT OF 1 ADDITIONAL SENIOR CIVIL JUDGE AT KOLAR IN EX.PET.NO.180/2006 PRODUCED AS ANNEXURE-M AND ALLOW THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition is filed under Article 227 of the Constitution of India with a prayer to set aside the order dated - 4 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 28.09.2015 passed in Execution Petition No.180/2006 by the Court of I Addl. Senior Civil Judge, Kolar, vide Annexure-M. 2. Learned Counsel for the parties jointly submit that the dispute between the parties has been amicably settled during the pendency of this writ petition at the intervention of well- wishers and elders of both the parties. Therefore, this writ petition may be disposed of in terms of the compromise petition filed in this petition by the parties. 3. The parties who are present before the court are identified by their respective advocates. They submit that the settlement arrived between them is voluntary, without any undue influence and coercion. 4. The compromise petition filed today before the Court under Order XXIII Rule 3 read with Section 151 CPC, is signed by the parties and their respective advocates. The same is taken on record. The relevant paragraphs of the compromise petition reads as under: "3. The respondents herein concede that, during the life time of their father Late Sri. Ramoji Rao, he has executed a sale agreement dated 27.05.2002 in respect of the - 5 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 compromise petition schedule 'A' property, in favour of the father of the present petitioners namely Late Sri. C. Venkateshappa for a valid consideration of Rs.60,000/- (Rupees sixty thousand only) and received an amount of Rs.50,000/- (Rupees fifty thousand only) towards part payment. 4. The petitioners herein agreed that, the petitioners shall restrict their claim only to an extent of 30 guntas of land in the compromise petition schedule 'A' property, which is more fully described in the schedule hereunder as schedule 'B' property and clearly delineated in the sketch appended to this compromise petition. 5. The respondents agreed that, they shall execute necessary sale deed or conveyance deed in favour of the petitioners or in favour of their nominees without expecting any further consideration from the petitioners and shall put them in possession and enjoyment of the compromise petition schedule 'B' property. The respondents agreed that, they shall not interfere or meddle with the possession to be delivered to the petitioner in respect of the compromise petition schedule 'B' property at any point of time, in any manner. In the event, the respondents failed to execute necessary conveyance deed in favour of the petitioners as agreed above, the petitioners are at liberty to enforce the decree in a manner known to law. 6. The petitioners shall provide and maintain a right of access in favour of the respondents extending from East to West along the northern side of Schedule 'B' Property, - 6 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 with a width of ten (10) feet, for the purpose of ingress and egress to Schedule 'C' Property. The said access is clearly demarcated in the sketch annexed hereto. 7. The petitioners concede that, they shall not have any claim rights, interest or whatsoever over the remaining extent of 30 guntas of the land in the compromise petition schedule 'A' property, which is more fully described in the schedule hereunder as schedule 'C' property and clearly delineated in the sketch appended to this compromise petition. The petitioners concede that, the compromise petition schedule 'C' property is the absolute property of the respondents and they are in exclusive and peaceful possession and enjoyment of the same. The petitioners undertake that, they shall not interfere or meddle with the possession of the respondents in respect of the compromise petition schedule 'C' property at any point of time, in any manner. 8. The respondents undertakes that, they shall not make any claim in respect of the compromise petition schedule 'B' property in FDP No.28/2025 in O.S.No.529/2007 pending on the file of Principal Civil Judge & JMFC at Kolar and shall restrict their claim only respect of 30 guntas of land i.e., the compromise petition schedule 'C' property. The respondents herein shall withdraw their claim in respect of the compromise petition schedule 'B' property herein in the said final decree proceedings in view of the compromise entered in this writ petition. 9. The petitioners and respondents agreed that, they have no objection for any kind of development in respect of - 7 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 their schedule 'B' and 'C' properties respectively in any manner and they are at liberty to obtain necessary permissions and orders from the competent authorities. 10. The petitioners and respondents agreed that, both the parties are at liberty to transfer, transact of to deal with their respective schedule 'B' and 'C' properties herein in any manner and they are at liberty to obtain phody, khatha or other revenue documents which are necessary in respect of said properties from the authorities concerned and both the parties shall co-operate each other for the same. 11. The respondents shall co-operate with the petitioners in applying and getting 11-E sketch prepared as per the sketch annexed to this compromise petition. However, all the expenses towards getting the 11-E sketch shall be borne by the petitioners. 12. The petitioners and the respondents agreed that, the petitioners shall not raise any objection to the development of the Schedule 'C' property, and the respondents also shall not raise any objection to the development of the Schedule 'B' property. Both parties shall be at liberty to obtain all necessary permissions and approvals from the competent authorities for such development. 13. In view of the aforesaid compromise, an amount of Rs.10,000/- (Rupees ten thousand only) which has been deposited by the petitioners in Ex.No.180/2006 shall be withdrawn by the petitioners. Similarly a sum of - 8 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 Rs.1,71,000/-(Rupees one lakh seventy one thousand only) deposited by the respondents in Ex.No.180/2006 shall be withdrawn by the respondents. 14. The petitioners and respondents undertake that they shall not have any claim whatsoever against each other apart from what is stated above. 15. The petitioners and respondents unconditionally withdrawing their rival contentions to facilitate this compromise except which is admitted herein. 16. The compromise is entered / signed by the parties out of their own free will and volition and the same is without any fraud, threat, coercion or undue influence. The parties have arrived at a compromise equitable and agreeable by both and they have agreed to enjoy their respective schedule 'B' and 'C' properties. Wherefore the petitioners and respondents pray that this Hon'ble Court be pleased to record the compromise and modify the decree dated 03.09.2005 passed in O.S.No. 138/2002 by the Principal Civil Judge (Senior Divisjon) & CJM at Kolar, in terms of the compromise petition, and direct the Trial Court to draw a decree in O.S.No.138/2002 in terms of the compromise petition, and set aside the order dated 28.09.2015 passed in Ex. No. 180/2006 on IA filed under Section 28 of Specific Relief Act, 1963 by the I Additional Senior Civil Judge, Kolar, in the interest of justice and equity. - 9 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 SCHEDULE 'A' PROPERTY All that piece and parcel of the land bearing Sy. No.79/1 (now only Sy. No.79), measuring 1 acre 20 guntas, situated at Beechagondanahalli Village, Vemagal Hobli, Kolar Taluk and bounded on: East by : Doddachowdappa's land, West by : Land bearing Sy.No.80, North by : Land bearing Sy.No.80, South by : Land belonging to Krishnappa. SCHEDULE 'B' PROPERTY All that piece and parcel of the land bearing Sy. No.79/1 (now only Sy. No.79), measuring 30 guntas out of 1 acre 20 guntas, situated at Beechagondanahalli Village, Vemagal Hobli, Kolar Taluk and bounded on: East by : Doddachowdappa's land, West by : Remaining portion of Sy. No.79 i.e., schedule 'C' property belonging to the respondents. North by : Land bearing Sy.No.80, South by : Krishnappa's land. - 10 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 SCHEDULE 'C' PROPERTY All that piece and parcel of the land bearing Sy. No.79/1 (now only Sy.No.79), measuring 30 ugntas out of 1 acre 20 guntas, situated at Beechagondanahalli village, vermagal Hobli, Kolar Taluk and bounded on: East by : Remaining partition of Sy.No.79 i.e., schedule 'B' property agreed to be conveyed in favour of petitioners. West by : Land bearing Sy.No.80, North by : Land bearing Sy.No.80, South by : Krishnappa's land." 5. The compromise petition is annexed with a rough sketch and the same is also made part and parcel of this order. 6. In view of the aforesaid, I am of the opinion that the writ petition is required to be disposed of in terms of the compromise petition as stated herein above. Accordingly, the following order: 7. Writ petition is disposed of in terms of the compromise petition filed by the parties today before this Court and the sketch annexed to the compromise petition is also made as part - 11 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015 and parcel of this order. The Trial Court is, therefore, directed to draw a final decree in O.S.No.138/2002 in terms of the aforesaid order, taking into consideration the compromise petition filed by the parties in this writ petition. Sd/- (S VISHWAJITH SHETTY) JUDGE KK - 12 - HC-KAR NC: 2025:KHC:52046 WP No. 47653 of 2015