MR. AYUB P.S. @ BOMMANAHALLI BABU v. MR. S.T. RANKA
WP/6875/2026 · 2026-03-17
Sachin Shankar Magadum
Original Suitbody2026
DailyLaw.ai
[ 2026 DAILYLAW 13482 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13482 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15571 WP No. 6875 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6875 OF 2026 (GM-RES) BETWEEN:
1.
MR. AYUB P.S. @ BOMMANAHALLI BABU S/O LATE MR. SYED BASHA AGED ABOUT 49 YEARS
2.
MRS. SHAMEEM SULTANA W/O MR. AYUB P.S. @ BOMMANAHALLI BABU AGED ABOUT 46 YEARS
3.
MISS. ARBEEN TAJ A.
D/O MR. AYUB P.S. @ BOMMANAHALLI BABU AGED ABOUT 23 YEARS ALL ARE RESIDING AT NO. 13, 1ST MAIN, CLEMENT LANE ROAD, COOKE TOWN, BENGALURU - 560 005. …PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND:
1.
MR. S.T. RANKA S/O LATE B.S. RANKA AGED ABOUT 66 YEARS RESIDING AT "AKAR VILLA", 1ST 'A' MAIN ROAD, S.T. BED LAYOUT, NEW EXTENSION, KORAMANGALA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:15571 WP No. 6875 of 2026 BENGALURU - 560 034.
2.
MR. C.L. SANTHOSH KUMAR S/O C.L.N. MURTHY AGED ABOUT 45 YEARS R/AT NO.16, RAILWAY PARALLEL ROAD, KUMARAPARK EAST, BANGALORE - 560 001.
3.
MR. M. RAKESH CHAND S/O S. MANGILAL AGED ABOUT 43 YEARS R/AT NO.218, II FLOOR, JAIN TEMPLE ROAD, BANGALORE - 560 051.
4.
MR. K. MAHESH SHETTY S/O CHANDRASHEKAR SHETTY AGED ABOUT 43 YEARS R/AT "CHANDRA" SHRIYARA POST AND VILLAGE, UDUPI DISTRICT - 576 212. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER, OR DIRECTION, DIRECTING THE TRIAL COURT I.E. XIII ADDI CITY CIVIL AND SESSION JUDGE (CCH-22) TO CONSIDER AND DISPOSE THE I.A. FILED BY THE PETITIONER / PLAINTIFF UNDER SECTION 17(2)(IV) OF REGISTRATION ACT AT ANNEXURE E, TO DRAW THE DECREE PASSED IN O.S. NO.
26411/2019 IN A TIME-BOUND MANNER AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:15571 WP No. 6875 of 2026
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking a direction against the Trial Court/XIII Additional City Civil and Session Judge (CCH-22) to consider the petitioners' application filed under Section 17(2)(iv) of the Registration Act, 1908 (for short, 'Act') and draw a decree as per the award passed by the Lokadalat vide
order dated 09.12.2023 to enable the parties to register the compromise decree with the jurisdictional sub-registrar.
2. Perusal of the material placed on record would indicate that the petitioners herein were the plaintiffs in O.S. No.26411/2019. It transpires that the said suit came to be amicably resolved between the parties and a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 was filed. The matter was thereafter referred to the Lok Adalat, to enable parties to arrive at settlement, wherein the compromise was
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HC-KAR NC: 2026:KHC:15571 WP No. 6875 of 2026 recorded and an award came to be passed on 09.12.2023 in terms of the settlement arrived at between the parties.
3. It is the specific grievance of the petitioners that, notwithstanding the compromise recorded before the Lok Adalat, the consequential decree has not been drawn by the concerned Court office. The records further disclose that the petitioners have submitted an application dated 04.07.2025 invoking Section 17(2)(vi) of the Act, requesting the office of the Court to draw up a decree in terms of the award passed by the Lok Adalat. However, the said application has not been considered till date and no decree has been drawn, thereby depriving the petitioners of the fruits of the compromise.
4. This Court is of the considered view that once a compromise is recorded before the Lok Adalat and an award is passed, the same attains finality and is deemed to be a decree of a civil court. Consequently, the petitioners acquire an enforceable legal right to have the
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HC-KAR NC: 2026:KHC:15571 WP No. 6875 of 2026 decree formally drawn in terms of the award. The inaction on the part of the concerned Court office in not acting upon the application submitted by the petitioners amounts to failure in discharging a statutory duty. Therefore, this Court is satisfied that the petitioners have made out a case for issuance of a writ in the nature of mandamus.
5. Accordingly, for the foregoing reasons, the following:
ORDER i. The writ petition is hereby allowed; ii. A writ in the nature of mandamus is issued directing the XIII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH- 22), to forthwith take necessary steps and ensure that the office of the Court considers the petitioners’ application dated 04.07.2025 and draws up the decree in terms of the award dated
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HC-KAR NC: 2026:KHC:15571 WP No. 6875 of 2026 09.12.2023 passed in Lok Adalat in O.S. No.26411/2019; iii. The aforesaid exercise shall be completed in an expedited manner and in any event, within a period of six (6) weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 28