- 1 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.4548 OF 2026 (GM-CPC) BETWEEN: 1. THOMAS J S/O LATE JOSEPH M, AGED ABOUT 46 YEARS, 2. ANTHONEY RAJ.J, S/O LATE JOSEPH.M, AGED ABOUT 48 YEARS, BOTH ARE RESIDING AT NO.26/2, CHURCH STREET, KALENA AGRAHARA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU – 560 076. …PETITIONERS (BY SRI. PRABHULINGA MURTHY B R., ADVOCATE) AND: 1. MUTHAPPA S/O LATE CHOWRAPPA, AGED ABOUT 72 YEARS, R/A NO.70, KALENA AGRAHARA, BANNERGHATTA ROAD, RENUKAYELLAMMA TEMPLE, BENGALURU SOUTH TALUK, BENGALURU-560 076. 2. DAVIDAPPA, S/O LATE CHOWRAPPA, AGED ABOUT 70 YEARS, R/A NO.83, KALENA AGRAHARA, BANNERGHATTA ROAD, RENUKAYELLAMMA TEMPLE, BENGALURU SOUTH TALUK, BENGALURU-560 076. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 3. ROSE MARY, W/O LATE SANDHYAGAPPA, AGED ABOUT 57 YEARS, 4. ARUN KUMAR.S S/O LATE SANDHYAGAPPA, AGED ABOUT 36 YEARS, 5. KEERTHI KIRAN.S, S/O LATE SANDHYAGAPPA, AGED ABOUT 32 YEARS, R-3 TO R-5 ARE R/AT NO.270, CHURCH ROAD, NEAR CHURCH, KALENA AGRAHARA, BANNERGHATTA ROAD, RENUKAYELLAMMA TEMPLE, BENGALURU SOUTH TALUK, BENGALURU-560 076. 6. ANNAMMA D/O LATE ANTHONAPPA, W/O ANTHONISAMI, AGED ABOUT 67 YEARS, 7. PHILIPS, S/O LATE ANTHONAPPA, AGED ABOUT 62 YEARS, 8. JAYAMMA, D/O LATE ANTHONAPPA, AGED ABOUT 60 YEARS, R-6 TO R-8 ARE R/A NO.49, CHURCH ROAD, NEAR CHURCH, KALENA AGRAHARA, BANNERGHATTA ROAD, RENUKAYELLAMMA TEMPLE, BENGALURU SOUTH TALUK, BENGALURU-560 076. 9. RAJAMMA, W/O LATE KANIKE SWAMY, AGED ABOUT 72 YEARS, R/A NO.117, BEHIND ANGANAWADI, KALENA AGRAHARA, - 3 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 BANNERGHATTA ROAD, RENUKAYELLAMMA TEMPLE, BENGALURU SOUTH TALUK, BENGALURU-560 076. 10. ANTHONI MARY, D/O LATE KANIKE SWAMY, AGED ABOUT 57 YEARS, R/A NO.98, B.G.ROAD, NEAR PANCHYATH OFFICE, BASAVANAPURA, GOTTIGERE, BENGALURU SOUTH TALUK, BENGALURU-560 083. 11. ANTHONY STELLA, D/O LATE KANIKE SWAMY, W/O M.JOSEPH, AGED ABOUT 55 YEARS, R/A NO.178, OPP. KANAKAPURA ROAD, THATTAGUPPE, 2ND BLOCK, THATTAGUPPE POST, BENGALURU-560 082. 12. K.ANTHONEY RAJ, S/O LATE KANIKE SWAMY, AGED ABOUT 50 YEARS, R/A NO.206, B-BLOCK, 2ND FLOOR, CVK MEENAKSHI ELEGANCE, MLA LAYOUT, KALENA AGRAHARA, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, BENGALURU-560 079. 13. GEORGE.K, S/O LATE KANIKE SWAMY, AGED ABOUT 48 YEARS, R/A NO.G7, B-BLOCK, 2ND FLOOR, CVK MEENAKSHI ELEGANCE, MLA LAYOUT, KALENA AGRAHARA, BANNERGHATTA ROAD, BENGALURU SOUTH TALUK, BENGALURU-560 079. 14. JASSEY MEENA.K, D/O LATE KANIKE SWAMY, - 4 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 W/O YAGAPPA.A, AGED ABOUT 46 YEARS, R/A NO.231, CHURCH STREET, YADAVANAHALLI, ANEKAL TALUK, BENGALURU-560 107. …RESPONDENTS (NOTICE TO RESPONDENTS IS D/W) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10.07.2025 PASSED IN OS NO.5438/2024 AS ANNX-D.AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “a) Issue a Writ Order in the nature of certiorari to quash the order and set-aside the impugned Order dated 10.07.2025 passed in O.S.No.5438/2024 as Annexure-D b) And to restore the Annexure-C Mediation report passed in O.S.No.5438/2024 in the above case in the interest of justice. c) Grant such other order or direction as deems fit to grant by this Hon’ble Court under the circumstances of the case including awarding cost of the case.” - 5 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with. 3. A perusal of the material on record will indicate that petitioners-plaintiffs instituted the aforesaid suit against the respondents-defendants for partition and separate possession of their alleged share in the suit schedule immovable property and for other reliefs. The Trial Court referred the parties to mediation which was conducted on 05.03.2025, during the course of which, the parties amicably settled the dispute among themselves as can be seen from the settlement agreement and other papers before the Mediation Centre, which are as under: “ORDER OF REFERENCE U/SEC.89 CPC DATED: __/__/2025 STAGE OF THE CASE: Mediation This Court having been satisfied that there exists an element of settlement in this case, which may be acceptable to parties and the parties having agreed the above case is referred to Mediation. The parties are directed to appear before the Karnataka Mediation Center, "Nyaya Degula", H.Siddaiah Road, Bengaluru, on 5/3/2025 The Learned Mediator shall attempt to facilitate voluntary resolution of the dispute by the parties. If the dispute is resolved, the Mediator shall reduce into writing - 6 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 the terms of agreement, get the signature of parties or the power of attorney holder along with the Counsel, if any, and submit the same to this Court, after duly intimating the parties the date of appearance before this Court. In the event of failure to arrive at a settlement also, the mediator shall report the failure of settlement to this Court and inform the parties next date of hearing of the case on 28/4/25 The Next date of hearing of this case is fixed on 28/4/25” KARNATAKA MEDIATION CENTRE TO BE RETURNED TO THE DIRECTOR / DEPUTY DIRECTOR TO BE COPIED TO THE REFERRING JUDGE 1. Suit/Case O.S. 5438/2024 2. Did the case ultimately: Settled 3. If yes: a. Date of Settlement: 07/05/2025 b. Has the agreement been reduced into writing?: YES c. Have any related cases been settled as a result: Note: Dates: a. Return of file to Court: 07/05/2025 b. Parties appearance before the Court: 04/06/2025 - 7 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 Signature by: DEPUTY DIRECTOR S.S.BHARATH Generated Date: 07/05/2025 Time: 14:00:56” “IN THE COURT OF THE ADDL. CITY CIVIL JUDGE AT BENGALURU CCH:43 O.S. NO. 5438/2024 BETWEEN: Mr. Thomas J and another: …. Plaintiffs AND Mrs. Muthappa and others …Defendants MEMORANDUM OF SETTLEMENT UNDER SECTION 89 READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 The parties above named beg to submit as follows:- I. The plaintiff have filed this suit for partition and separate possession of the suit schedule property and other relief. II. The above said case referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their disputes and have agreed to the following terms and conditions:- 1. The suit schedule property measuring 2 acres out of 6 acres in Sy No.80 situated at Kothanur Village, - 8 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 Utharahalli Hobli, Bengaluru South Taluk was purchased by son's of late Muthappa and Bagyamma by name 1) Chowrappa, 2) Antonappa, 3) Kanikyaswamy, 4) Joseph, from One Puttappa S/o Late Muthappa, the said properties referred to as the schedule property ever since the said purchase they are in possession enjoyment of the same as an absolute owner. 2. Chowrappa died on 23.12.1999 leaving behind his children 1) Muthappa (defendant No.1) and Davidappa (defendant No.2). i) Sandyagappa died on 10.07.2018, leaving behind his wife Rose Mary (defendant No.3) and two sons Arun Kumar S, Kreethi Kiran S(defendant No.4 & 5). ii)Anthonappa died on 09.02.2003 leaving behind his wife and children namely Anamma, Philips and daughter by name Jayamma(defendant No.6, 7 8). iii) Kanikyaswamy died on 09.11.2001 leaving behind his wife Smt.Rajamma and children Anthony Mary, Anthony Stella, Anthony Raj, Geroge K, Jassey Meena K these are defendant Nos.9 to 14. iv) Joseph died on 07.11.1987 leaving behind his children Thomas J, Anthony Raj (plaintiff No.1 & 2). VIII. During the course of mediation the plaintiff No.1 has agreed to pay a total sum of Rs.7,00,000/- to all the defendants and plaintiff No.2 as detailed hereunder:- - 9 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 a) The 1st plaintiff paid a sum of Rs.67,000/- to Muthappa (D-1) the defendant No.1 by way of cheque bearing No.453126 dated 14.03.2025. b) The 1st plaintiff paid a sum of Rs.66,500/- to Davidappa (D-2) by way of cheque bearing No.453127 dated 14.03.2025. c) The 1st plaintiff paid a sum of Rs.66,500/- to Rose Mary (D-3) by way of cheque bearing No.453128 dated 14.03.2025. d) The 1st plaintiff paid a sum of Rs.66,500/- to Annamma (D-6) by way of cheque bearing No.453136 dated 14.03.2025. e) The 1st plaintiff paid a sum of Rs.67,000/- to Philps (D-7) by way of cheque bearing No.453134 dated 14.03.2025. f) The 1st plaintiff paid a sum of Rs.66,500/- to Jayamma (D-8) by way of cheque bearing No.453135 dated 14.03.2025. g) The 1st plaintiff paid a sum of Rs.40,000/- to Anthony Mary (D-10) by way of cheque bearing No.453129 dated 14.03.2025. h) The 1st plaintiff paid a sum of Rs.40,000/- to Anthony Stella (D-11) by way of cheque bearing - 10 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 No.453130 dated 14.03.2025, drawn on Karnataka Bank, Gottigere Branch, Bengaluru. i) The 1st plaintiff paid a sum of Rs.40,000/- to Anthony Raj (D-11) by way of cheque bearing No.453131 dated 14.03.2025. j) The 1st plaintiff paid a sum of Rs.40,000/- to George (D-13) by way of cheque bearing No.453132 dated 14.03.2025. k) The 1st plaintiff paid a sum of Rs.40,000/- to Jesey Marry (D-14) by way of cheque bearing No.453133 dated 14.03.2025. For which the mother defendant No.9 Rajamma wife of Late. Kanikyaswamy has no objection whatsoever. all the above mentioned cheques drawn on Karnataka Bank Ltd, Gotigere Branch, Bengaluru. All the defendants shall receive the above mentioned cheque before the Hon'ble court at the time of passing the orders. 1. In view of all the defendants having received the respective amounts as stated herein above, they hereby undertake to release relinquish their respective shares in the suit schedule property in the name of the 1st plaintiff namely Mr. Thomas J. 2. The 2nd plaintiff has already received Rs.1,00,000/- by way of cash from the from the 1st plaintiff and he acknowledges receipt of the same. - 11 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 Hence, 2nd plaintiff also undertakes release his undivided share in favour of the 1st plaintiff. 3. The 2nd plaintiff and all the defendants hereby declare that apart from the amounts received from the 1st plaintiff, they shall have no claims whatsoever against the 1st plaintiff respect of the suit schedule property. They also have no objection for the plaintiff to get the revenue documents in his name. 4. The plaintiffs have furnished a family tree showing all the four branches of the family which shall form part and parcel of the decree. All that piece and parcel of the portion of the land in Sy No.80, measuring 2 Acre, out of 6 Acres, Situated at Kothanur Village, Utharahalli Hobli, Begnaluru South Taluk, Bengaluru bounded on the: East: Karab Bande West: Shesha Giri Rao Land North: Remaining portion of same Sy No. South: Remaining portion of same Sy No. 7. All the parties to the suit have entered into the above settlement voluntarily and there is no force or coercion or undue influence from anybody. IX. In view of the above settlement it is prayed that this Hon'ble Co pleased to decree the suit in terms of this settlement - 12 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 X. Parties will appear on 04.06.2025 before the this Hon'ble Court be pleased to decree / orders in terms of the agreement. VERIFICATION We, the parties above named do hereby solemnly state and declare that what is contained in paragraphs I to X are true to the best of our knowledge, belief and information.” 4. It is the grievance of the petitioner that though the parties had amicably settled the dispute among themselves and had executed the settlement agreement before the Mediation Centre, the Trial court erroneously proceeded to reject the compromise by passing the impugned order which is assailed in the present petition. 5. A perusal of the impugned order will indicate that the Trial Court has rejected the Compromise Petition on the sole ground that the documents are not sufficient to accept the compromise petition. In this regard, the Trial Court failed to consider and appreciate that the parties had voluntarily and unequivocally settled the dispute among themselves amicably and having accepted the same, the Trial Court has clearly fell in error in rejecting the compromise petition by assigning invalid and - 13 - HC-KAR NC: 2026:KHC:9044 WP No. 4548 of 2026 erroneous reasons warranting interference by this Court in the present petition. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 10.07.2025 passed in O.S.No.5438/2024 by the Trial Court is hereby set aside. (iii) The Trial Court is directed to accept the compromise petition / settlement agreement filed by the parties before the Mediation Centre and dispose of the suit in terms of the compromise. (iv) Registry of the Trial Court is directed to draw up a decree in terms of the settlement agreement before the Mediation Centre. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 16