Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:11060 WP No. 21695 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 21695 OF 2023 (GM-RES) BETWEEN:
1. SMT.KAMALAMMA @ KAMALA D/O. LATE A. SIDDAGANGAMMA W/O. LATE VASANTHKUMAR AGED ABOUT 56 YEARS R/AT NO.144, 4TH MAIN ROAD GOVINDARAJANAGAR VIJAYANAGAR BENGALURU - 560 040. …PETITIONER (BY SMT.SHARANYA.H.R., ADVOCATE FOR SRI GANGADHARAIAH A.N., ADVOCATE) AND:
1. SMT. BHAGYAMMA AGED ABOUT 68 YEARS D/O. LATE ADAVIYAPPA W/O. LATE GURUSIDDAPPA R/AT: NO.1/1, 17TH 'B' CROSS PAPAIAH GARDEN, KHB COLONY, 2ND STAGE BASAVESHWARANAGAR BENGALURU - 560 079. 2. SRI P. SIDDALINGAPPA AGED ABOUT 67 YEARS S/O. LATE PUTTAVERAPPA R/AT NO.3/4, 3RD MAIN ROAD SANJEEVINI NAGARA MOODALAPALYA BENGALURU - 560 072. 3. SMT. SIDDALINGAMMA Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:11060 WP No. 21695 of 2023 AGED ABOUT 58 YEARS D/O. PUTTAVEERAPPA W/O. SRI LINGAPPA R/AT NO.57, 4TH CROSS 2ND MAIN, KAMAKSHIPALYA NEAR SIDDARTHA HIGH SCHOOL BASAVESHWARANAGARA BENGALURU - 560 079. 4. SRI CHANNASIDDAPPA P.
AGED ABOUT 55 YEARS S/O. LATE PUTTAVEERAPPA R/AT NO.209, KODIGEHALLI BENGALURU NORTH BENGALURU - 560 091. 5. SRI K.P. MANJUNATH AGED ABOUT 50 YEARS S/O. LATE PUTTAVEERAPPA R/AT NO.18, NEAR PAVITHRA- RASHTRIYA VIDYALAYA RAYARADODDI RAMANAGARAM TOWN RAMANAGARAM - 562 159. 6. SRI L.UMESH AGED ABOUT 63 YEARS S/O. LATE A. LINGANNA R/AT NO.291, 3RD CROSS JAGAJYOTHI BADAVANE KENCHANAPURA CROSS JNANABHARATHI POST BENGALURU - 560 056. 7. SRI PALANETHRA.L AGED ABOUT 59 YEARS S/O. LATE A.LINGANNA R/AT HOUSE NO.4 4TH CROSS, GARDEN VILLAS MARUTHI NAGARA NAGARABHAVI ROAD
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HC-KAR NC: 2026:KHC:11060 WP No. 21695 of 2023 BENGALURU - 560 072. 8. SMT. SHAILAJA L AGED ABOUT 55 YEARS D/O. LATE A LINGANNA W/O. DR. N. M. RENUKAPPA R/AT NO.6, 28TH BLOCK JSS LAYOUT, MYSURU - 570 011. 9. SRI L. KEERTHIKUMAR AGED ABOUT 47 YEARS S/O. LATE A LINGANNA R/AT NO.330, 8TH CROSS AROGYA LAYOUT SHREEGANDHADA KAVAL VISHWANEEDAM POST BENGALURU - 560 091. 10. SRI A. SHIVANNA AGED ABOUT 78 YEARS S/O. LATE. ADVIYAPPA R/AT KODIGEHALLI VILLAGE KODIGEHALLI POST YASHVANTHAPURA HOBLI BENGALURU - 560 091. 11. SRI K.S. ADAVEESH AGED ABOUT 58 YEARS S/O. SRI A. SHIVANNA R/AT KODIGEHALLI VILLAGE KODIGEHALLI POST YASHVANTHAPURA HOBLI BENGALURU - 560 091. 12.
SRI K.S. SATHISH AGED ABOUT 55 YEARS S/O. SRI A. SHIVANNA R/AT KODIGEHALLI VILLAGE KODIGEHALLI POST YASHVANTHAPURA HOBLI BENGALURU - 560 091. - 4 -
HC-KAR NC: 2026:KHC:11060 WP No. 21695 of 2023
13. SRI K.S. CHANDRASHEKAR AGED ABOUT 53 YEARS S/O. SRI A. SHIVANNA R/AT KODIGEHALLI VILLAGE KODIGEHALLI POST YASHVANTHAPURA HOBLI BENGALURU - 560 091. 14. SRI J.LOKESH AGED ABOUT 47 YEARS S/O. LATE A. JAYANNA, R/AT NO.335, 5TH A MAIN ROAD REMKO LAYOUT, VIJAYANAGARA BENGALURU - 560 040. 15. SRI J. CHANDRASHEKAR @ CHANDRA AGED ABOUT 42 YEARS S/O. LATE A. JAYANNA R/AT FLAT NO.B-402 K.V. ORCHIDS, NO.2615/119 ULLALU MAIN ROAD NAGADEVANAHALLI BENGALURU - 560 056. 16. SMT.S. SUJATHA AGED ABOUT 49 YEARS D/O .SRI A. SHIVANNA R/AT KODIGEHALLI VILLAGE KODIGEHALLI POST YASHVANTHAPURA HOBLI BENGALURU - 560 091. …RESPONDENTS (BY SRI JAGADEES H.P., ADVOCATE FOR R1 TO R5;
R6 IS SERVED AND UNREPRESENTED;
SRI THEJESH P., ADVOCATE FOR R7 TO R16)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LOK ADALATH ORDER OF RECORDING COMPROMISE AND DECREE DATED 11.02.2023 PASSED IN O.S.NO. 325/2022 AS PER ANNEXURE-A ONT HE LFILE OF PRINCIPAL SENIOR CIVIL
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HC-KAR NC: 2026:KHC:11060 WP No. 21695 of 2023 JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU AND CONSEQUENTLY RE-OPEN THE SUIT AND PERMIT THE PETITIONER TO CONTEST THE SUIT IN O.S.NO.325/2022 AS PER LAW ON MERITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER
The petitioner is before this Court being aggrieved by the order dated 11.02.2023 passed by the Lok-Adalat as per Annexure-A, accepting the compromise entered into amongst the plaintiff and the defendants in O.S.No. 325/2022, which was filed for partition and separate possession.
2. The petitioner, who claims to be the daughter of one late A.Siddagangamma, who is the third plaintiff in the said suit. Petitioner has not been made a party to the said suit.
3. According to the petitioner, the propositor one Sri Adaviyappa and his wife Channaveeramma, had two daughters and three sons, namely, (1) A.Siddagangamma,
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HC-KAR NC: 2026:KHC:11060 WP No. 21695 of 2023 (2) A.Chennamma, (3) A.Lingannaradya @ Linganna, (4) A.Shivanna and (5) A.Jayyanna. That the suit schedule property belonged to said Adaviyappa. The first daughter of A. Siddagangamma passed away leaving behind the petitioner herein and her two brothers, namely Sri Lokesh V. and Gowrish V. As such, the petitioner, being a legal representative of A. Siddagangamma, has a share, right, title and interest in the suit schedule property. However, she has not been made a party to the suit. The suit, having been filed for partition, was compromised before the Lok Adalat without petitioner being made a party; as such, the present petition has been filed.
4. Learned counsel for respondents submits that though the petitioner appears to have made out a case for
consideration, despite being invited by the respondents to join in as party, it has been the consistent and persistent stand of the petitioner that she would neither require any share in the property nor would she interfere with the property. It was under those circumstances that the
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HC-KAR NC: 2026:KHC:11060 WP No. 21695 of 2023 parties proceeded to compromise in the matter. He fairly submits that as the petitioner is questioning the very compromise while claiming her rights, the matter may be remanded, giving an opportunity to the parties to raise all questions, including the petitioner’s claim to be the legal representative of the said A. Siddagangamma.
5. His submission is placed on record.
6. In view of the above factual aspect of the matter, the following:
ORDER i. The petition is allowed; ii. Impugned order of recording compromise decree dated 11.02.2023 passed in O.S.NO.325/2022 by the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru as per Annexure-A is set aside. The suit in O.S.NO.325/2022 is restored to the file.
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HC-KAR NC: 2026:KHC:11060 WP No. 21695 of 2023 iii. The petitioner shall be impleaded as a party defendant in the said suit. iv. After affording an opportunity to the parties, the trial Court shall dispose of the matter in accordance with law; v. It is made clear that whatever claims the parties may have shall be subject to the outcome of this suit. vi. All contentions are kept open. Sd/- (M.G.S. KAMAL) JUDGE CPN List No.: 1 Sl No.: 10