- 1 - HC-KAR NC: 2026:KHC:23035 WP No. 17504 of 2024 C/W WP No. 27202 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17504 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 27202 OF 2025 (GM-CPC) IN WP NO. 17504/2024 BETWEEN: SRI PRAKASH PAUL C S/O LATE SRI T CHINNASWAMY REDDY AGED ABOUT 48 YEARS R/AT NO 42, CHURCH MAIN ROAD ERANNA PALYA, ARABIC COLLEGE POST BENGALURU -560045. …PETITIONER (BY SRI. MANMOHAN P N., ADVOCATE) AND: SMT T PHILOMENA D/O LATE SRI THOMASAPPA SINCE DEAD BY LRS 1. SRI G VINCENT THOMAS S/O LATE GABRIEL A @ GABRIEL REDDY AGED ABOUT 54 YEARS R/AT NO 91, M M REDDY ROAD MARIYANNAPALYA, H A FARM POST BENGALURU-560024. 2. SRI ROMARIO VINCENT THOMAS S/O SRI G VINCENT THOMAS AGED 24 YEARS R/AT NO 91, M M REDDY ROAD Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23035 WP No. 17504 of 2024 C/W WP No. 27202 of 2025 MARIYANNAPALYA, H A FARM POST BENGALURU-560024. 3. SRI ANAND SURANA S/O GHEVARCHAND SURANA AGED ABOUT 51 YEARS R/AT SURANA VILLA, NO 45/3 FAIR FILED LAYOUT RACE COURSE ROAD BENGALURU 560001 …RESPONDENTS (BY SRI. D S A RONALD I., ADVOCATE FOR R1 & R2: SRI K SRIHARI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 07.10.2023 PASSED ON THE COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF CPC FILED BY R-1, 2 AND 3 BY THE COURT OF THE XL ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO. 1629/2020 (PRODUCED AT ANNEXURE-D) AND ETC. IN WP NO. 27202/2025 BETWEEN: SRI. PRAKASH PAUL S/O LATE SRI T CHINNASWAMY REDDY AGED ABOUT 48 YEARS R/AT NO.42, CHURCH MAIN ROAD ERANNA PALYA, ARABIC COLLEGE POST BENGALURU – 560045 ...PETITIONER (BY SRI. P N MANMOHAN., ADVOCATE) AND: SMT. T. PHILOMENA D/O LATE SRI THOMASAPPA SINCE DEAD BY LRS - 3 - HC-KAR NC: 2026:KHC:23035 WP No. 17504 of 2024 C/W WP No. 27202 of 2025 1. SRI G VINCENT THOMAS S/O LATE GABRIEL A @ GABRIEL REDDY AGED ABOUT 54 YEARS R/AT NO. 91, M.M.REDDY ROAD MARIYANNAPALYA, H.A. FARM POST BENGALURU – 560024. 2. SRI ROMARIO VINCENT THOMAS S/O SRI G VINCENT THOMAS AGED ABOUT 24 YEARS R/AT NO. 91, M.M.REDDY ROAD MARIYANNAPALYA, H.A. FARM POST BENGALURU – 560024. 3. SMT. ROSE MARY D/O LATE SRI THOMASAPPA W/O LATE SRI C PHILOMENA RAJ AGED ABOUT 72 YEARS R/AT 11 BACHAMMAL ROAD COX TOWN, BENGALURU -560 005. 4. SRI ANAND SURANA S/O GHEVERCHAND SURANA AGED ABOUT 51 YEARS R/AT SURANA VILLA, NO. 45/3 FAIRFIELD LAYOUT, RACE COURSE ROAD BENGALURU – 560001. ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07/10/2023 PASSED ON THE COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF CPC FILED BY R3 AND 4 PASSED BY THE COURT OF THE XL ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN OS NO. 1629/2020 (PRODUCED AT ANNEXURE-D) AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 4 - HC-KAR NC: 2026:KHC:23035 WP No. 17504 of 2024 C/W WP No. 27202 of 2025 ORAL ORDER IN W.P.No.17504/2024 1. In this writ petition, the petitioner-defendant No.12 has called in question the order dated 07.10.2023 passed by the XL Addl. City Civil and Sessions Judge, Bengaluru, (for short ‘Trial Court’) in O.S.No.1629/2020 to the extent of order passed on the compromise petition filed by the plaintiffs and defendant No.16 (respondents herein). 2. The Apex Court in the case of Triloki Nath Singh vs. Anirudh Singh (Dead) through legal representatives and others reported in (2020) 6 SCC 629 has held that any person aggrieved by an order passed on the compromise filed under Order XXIII Rule 3 of CPC, has to approach the very same Court by filing necessary application. 3. In light of the aforesaid settled position of law, the writ petition is disposed of reserving liberty to the - 5 - HC-KAR NC: 2026:KHC:23035 WP No. 17504 of 2024 C/W WP No. 27202 of 2025 petitioner to approach the very Trial Court, by filing necessary application. 4. All contentions of the parties are kept open. 5. Interim order granted by this Court, shall remain in force for a period of five weeks from the date of this order. IN W.P.No.27202/2025 1. In this writ petition, the petitioner-defendant No.12 has called in question the order dated 07.10.2023 passed by the XL Addl. City Civil and Sessions Judge, Bengaluru, (for short ‘Trial Court’) in O.S.No.1629/2020 on a compromise petition filed by the defendant No.8 and defendant No.16 (respondent Nos.3 and 4 herein). 2. The Apex Court in the case of Triloki Nath Singh vs. Anirudh Singh (Dead) through legal representatives and others reported in (2020) 6 SCC 629 has held that any person aggrieved by an order passed on the compromise filed under Order XXIII Rule 3 - 6 - HC-KAR NC: 2026:KHC:23035 WP No. 17504 of 2024 C/W WP No. 27202 of 2025 of CPC, has to approach the very same Court by filing necessary application. 3. In light of the aforesaid settled position of law, the writ petition is disposed of reserving liberty to the petitioner to approach the Trial Court, by filing necessary application. 4. All contentions of the parties are kept open. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 59