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2026 DAILYLAW 14254 (KAR)

SMT. Y C NETHRAVATHI v. SRI. S SUBBIAH

WP/32167/2024 · 2026-02-09

S R Krishna Kumar

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:7514 WP No. 32167 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 32167 OF 2024 (GM-CPC) BETWEEN: 1. SMT. Y.C NETHRAVATHI, W/O. J. RAJEEV AND D/O LATE Y.S CHANNE GOWDA, AGED ABOUT 44 YEARS, R/AT NO.160, JAYANI, 1ST MAIN, GKVK LAYOUT, JAKKUR, BENGALURU-560 064. 2. SMT. Y. C SUNEETHA D/O LATE Y.S CHANNE GOWDA, AGED ABOUT 43 YEARS, NO. 79, BEHIND GOVERNMENT HIGH SCHOOL, HEBBAL, BENGALURU-560 024. 3. SMT. Y. C SWATHI, D/O LATE Y.S CHANNE GOWDA, AGED ABOUT 40 YEARS, R/AT NO.160, JAYANI, 1ST MAIN, GKVK LAYOUT, JAKKUR, BENGALURU-560 064. GPA HOLDER .C. NETHRAVATHI. …PETITIONERS (BY SRI. NARAYANA RAO H.R.,ADVOCATE FOR SRI. RAJESWARA P.N., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7514 WP No. 32167 of 2024 AND: 1. SRI. S. SUBBAIAH S/O LATE B.P. SUBBAIH @ PILLAPPA, AGED ABOUT 90 YEARS, 2. SMT. LAKSHAMMA W/O S. SUBBAIAH AGED ABOUT MAJOR 3. SRI. Y S CHANNAKESHAVA S/O MR. S. SUBBAIAH AGED ABOUT 70 YEARS, 4. SRI. Y S SURESH BABU, S/O MR. S SUBBAIAH, AGED ABOUT 70 YEARS, 5. SRI. Y S NARENDRA KUMAR S/O MR. S SUBBAIAH, AGED ABOUT 64 YEARS, RESPONDENTS 1 TO 5 ARE R/AT NO.1119, “SUBBAIAH BUILDING” NEW STREET, YELAHANKA, BENGALURU-560 064. 6. SMT.Y.S. JAGADAMBA W/O JAGADISH D/O SRI.S. SUBBAIAH AGED ABOUT 50 YEARS R/AT NO.79, BEHIND GOVERNMENT HIGH SCHOOL HEBBAL, BENGALURU-560 024. 7. SMT.Y.S. MEENA KUMARI W/O SHANKARAPPA D/O SRI.SUBBAIAH, AGED ABOUT 48 YEARS R/AT NES OFFICE QUARTERS YELAHANKA, - 3 - HC-KAR NC: 2026:KHC:7514 WP No. 32167 of 2024 BENGALURU-560 064. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE OFFICE NOTE DTD 24.06.2024 IN OS NO. 4170/2003 ON THE FILE OF HONBLE CITY CIVIL JUDGE, BENGALURU (ANNEXURE-A) AND CONSEQUENTLY, DIRECT THE OFFICE TO DRAW THE FINAL DECREE IN THE NAMES OF PETITIONERS AS PER THE COMPROMISE PETITION DTD 12.03.2007 IN OS NO. 4170/2003 ON THE FILE OF HONBLE CITY CIVIL JUDGE, BENGALURU (ANNEXURE-C). 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, the petitioners seek the following reliefs: “WHEREFORE, the petitioners humbly pray that this Hon’ble Court ma be pleased to issue a writ of certiorari to i. SET ASIDE the office note dated 24.06.2024 in O.S.No.4170/2003 on the file of Hon’ble City Civil Judge, Bengaluru (Annexure-A) and ii. CONSEQUENTLY, direct the office to draw the final decree in the names of petitioners as per the compromise petition dated 12.03.2007 in O.S No.4170/2003 on the file of Hon’ble City Civil Judge, Bengaluru (Annexure-C); - 4 - HC-KAR NC: 2026:KHC:7514 WP No. 32167 of 2024 iii. PASS such other order/s including the award of costs, as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and perused the material on record. For the order proposed, notice to respondents is dispensed with. 3. The limited grievance of the petitioners is that despite the Trial Court accepting the compromise petition and directing the passing of a compromise final decree, the registry of the Trial Court is not drawing up the final decree and has instead put up a note and as such, the petitioners are before this Court by way of the present petition. 4. A perusal of the material on record will indicate that the registry of the Trial Court was duty-bound to draw up the final decree in terms of the decree passed by the Trial Court and as such, the Office Note dated 24.06.2024 deserves to be set aside and directions are to be issued to the registry of the Trial Court to draw up the final decree in the names of the petitioners as per the - 5 - HC-KAR NC: 2026:KHC:7514 WP No. 32167 of 2024 compromise petition dated 12.03.2007 in O.S. No.4170/2003. In the result, the following: ORDER i. The petition is hereby allowed. ii. The impugned Office Note dated 24.06.2024 in O.S. No.4170/2003 on the file of the City Civil Judge, Bengaluru at Annexure-A is hereby set aside. iii. The registry of the Trial Court is directed to draw up the final decree immediately upon receipt of a certified copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MBM List No.: 2 Sl No.: 4