- 1 - HC-KAR NC: 2025:KHC:52904 WP No. 16187 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 16187 OF 2021 (GM-CPC) BETWEEN: 1. SYED NOORULLA SHARIFF S/O MOHAMMED MIYA AGED ABOUT 45 YEARS. 2. KOUSAR BHANU W/O SYED NOORULLA SHARIFF AGED ABOUT 37 YEARS. PETITIONERS ARE RESIDENTS OF KHAZINAGAR, 1ST CROSS MANJUNATHA BADAVANE 100 FEET ROAD, NEW MANDLI EXTENSION, SHIVAMOGGA CITY - 577 201. …PETITIONERS (BY SRI M.S. VAGEESH, ADV.,) AND: H. RAJESH S/O HUCCHAPPA AGED ABOUT 41 YEARS R/AT 1ST CROSS, 5TH STAGE VEERANNA LAYOUT VINOBHANAGARA SHIVAMOGGA - 577 201. …RESPONDENT (BY SRI SURENDRA Y.S, ADV.) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPROMISE PETITION DATED 20.11.2019 FILED BEFORE THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA IN O.S.NO.116/2018 AS PER ANNEXURE-C AND CONSEQUENT DECREE PASSED BY THE LOKADALATH DATED 14.12.2019 IN O.S.NO.116/2018 AS PER Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52904 WP No. 16187 of 2021 ANNEXURE-D AND THE ORDER PASSED IN MISC.PETN.NO.14/2020 DTD 08.09.2020 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA AS PER ANNEXURE-F AND THEREBY RESTORE THE SUIT IN O.S.NO.116/2018 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA. 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. The petitioners are before this Court in this writ petition filed under Article 227 of the Constitution of India seeking for the following reliefs: "a) Issue a writ in the nature of certiorari and quash the compromise petition dated 20.11.2019 filed before the I Additional Senior Civil Judge and CJM, Shivamogga in OS No.116/2018 as per Annexure-C and consequent passed by the Lokadalath dated 14.12.2019 in OS No.116/2018 as per Annexure-D and the order passed in Misc. Petn. No.14/2020 dt.8.9.20 the file of I Additional Senior Civil Judge & CJM, Shivamogga as per Annexure-F and thereby restore the suit in OS No.116/2018 on the file of I Additional Senior Civil Judge and CJM, Shivamogga; b) Issue any appropriate writ or order or direction as this Hon'ble Court finds it appropriate in the admitted facts and circumstances of the case in the ends of justice; - 3 - HC-KAR NC: 2025:KHC:52904 WP No. 16187 of 2021 c) Award the cost of this proceeding." 2. Heard the learned counsel appearing for the parties. 3. O.S.No.116 of 2018 is filed before the jurisdictional civil Court, Shivamogga by respondent herein seeking the relief of specific performance of agreement of sale. During the pendency of the suit it appears that dispute between the parties was amicably settled and a compromise petition under Order XXIII Rule 3 of CPC was filed by the parties which was referred to Lok Adalath. Vide order at Annexure-D dated 14.12.2019, the suit in O.S.No.116 of 2018 was decreed in terms of the compromise petition filed by the parties. The defendants in O.S.No.116 of 2018 thereafter had filed Misc.No.14 of 2020 on 04.07.2020 before the Trial Court under Order XXIII Rule 3 of CPC with a prayer to set aside the compromise decree passed in O.S.No.116/2018. The said petition was dismissed by the Trial Court as not maintainable before the trial Court. Being aggrieved by the same, petitioners are before this Court in this writ petition. - 4 - HC-KAR NC: 2025:KHC:52904 WP No. 16187 of 2021 4. It is not in dispute that based on the compromise petition which was filed in O.S.No.116 of 2018, the Lok Adalat had decreed the suit on 14.12.2018. 5. Section 21(2) of the Legal Services Authorities Act, 1987 (hereinafter referred to as 'the Act' for short) reads as follows:- "21. Award of Lok Adalat.—[(1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as the case may be, an order of any other court and where a compromise or settlement has been arrived at, by a Lok Adalat in a case referred to it under sub-section(1) of section 20, the court-fee paid in such case shall be refunded in the manner provided under the Court-fees Act, 1870 (7 of 1870).]" (2) Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award" 6. Section 21(2) of the Act clearly provides that every award made by the Lok Adalat shall be final and binding on all the parties to the dispute and no appeals shall lie to any Court against the award. The petitioners herein are parties to the - 5 - HC-KAR NC: 2025:KHC:52904 WP No. 16187 of 2021 compromise petition that was filed in O.S.No.116 of 2018, based on which, the award was passed by the Lok Adalat and therefore, in view of Section 21(2) of the Act, the Trial Court was justified in holding that the petition filed in Misc.No.14 of 2020 filed under Order XXIII Rule 3 of CPC to set aside the compromise decree passed in O.S.No.116 of 2018 is not maintainable before the Trial Court. Therefore, I do not find any illegality or irregularity in the said order. Under the circumstances, I do not find any good ground to entertain this petition. 7. Accordingly, the petition is dismissed. Pending applications do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 32