- 1 - HC-KAR NC: 2026:KHC:26863 W.P. No.14968/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.14968/2022 (GM-CPC) BETWEEN: 1. SMT. THIMMAKKA WIFE OF NARAYANAPPA AGED ABOUT 63 YEARS R/AT. GUDLANARASIMHANAHALLI VILLAGE KASABA HOBLI, SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562 105. 2. SMT. LAKSHMAMMA WIFE OF LAKSHMIPATHI DAUGHTER OF LATE NARAYANAPPA AGED ABOUT 56 YEARS R/AT THURAVANAHALLI VILLAGE THUBAGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 203. …PETITIONERS (BY SRI. KESHAVA BHAT A, ADV.,) AND: 1. SRI. NARASIMHAPPA SON OF LATE NARAYANAPPA AGED ABOUT 67 YEARS. 2. SRI. NARASINGAPPA SON OF LATE NARAYANAPPA AGED ABOUT 65 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26863 W.P. No.14968/2022 3. SRI. MUNIYAPPA SON OF LATE NARAYANAPPA AGED ABOUT 61 YEARS. 4. SRI. LAKSHMINARASAPPA SON OF LATE NARAYANAPPA AGED ABOUT 54 YEARS. RESPONDENTS 1 TO 4 ARE R/AT GUDLANARASIMHANAHALLI VILLAGE KASABA HOBLI, SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562 105. 5. SRI. NARASAPPA SON OF LATE NARAYANAPPA AGED ABOUT 69 YEARS R/AT GUDLANARASIMHANAHALLI VILLAGE KASABA HOBLI, SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562 105. …RESPONDENTS (V/O DTD:27.07.22 COPY SD ON S. ASHOKA APPEARING FOR DEFENDANT 1 BEFORE TRIAL COURT (VK NOT FILED) B.K. VENKATESH APPEARING FOR PLAINTIFFS BEFORE TRIAL COURT R1 – NARASIMHAPPA – SD R2 - NARASINGAPPA – SD R3 - MUNIYAPPPA – SD R4 – LAKSHMINARASAPPA -SD R5 – NARASAPPA -SD) ******* THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN O.S.NO.48/2013 FROM THE FILE OF THE HONOURABLE ADDITIONAL CIVIL JUDGE AND JMFC AT SHIDLAGHATTA, PERUSE THE SAME, HEAR THE PETITIONERS AND ISSUE NOTICES TO THE RESPONDENTS. QUASH THE IMPUGNED ORDER DTD 12.04.2014 MADE IN O.S.NO.48/2013 ON THE FILE OF THE HOUNOURABLE PRINCIPAL CIVIL JUDGE AND JMFC AT SHIDLAGHATTA, PRODUCED AND MARKED AS - 3 - HC-KAR NC: 2026:KHC:26863 W.P. No.14968/2022 ANNEXURE-D TO THE WRIT PETITION. QUASH THE COMPROMISE PETITION DTD 12.04.2014 PRESENTED REENTERED IN O.S.NO.48/2013 ON THE FILE OF THE HONOURABLE ADDITIONAL CIVIL JUDGE AND JMFC AT SHIDLAGHATTA, PRODUCED AND MARKED AS ANNEXURE-D1 TO THE WRIT PETITION & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the compromise decree dated 12.04.2014 passed in O.S.No.48/2013 by the Principal Civil Judge and JMFC, Sidlaghatta (for short, 'the Trial Court'). 2. Heard Sri.Keshava Bhat A., learned counsel appears for the petitioners. 3. Though notice is served on the respondents, they remained absent. 4. The respondent Nos.1 to 4 have filed O.S.No.48/2013 against the respondent No.5 and the petitioners for the relief of partition and separate possession of the suit schedule property. The said suit ended in a compromise before the Lok Adalat on 12.04.2014. As per the - 4 - HC-KAR NC: 2026:KHC:26863 W.P. No.14968/2022 compromise decree in the aforesaid suit, the petitioners herein who were the defendant Nos.2 and 3 in the aforesaid suit, have been allotted 1 acre of land out of 2 acres of land in Sy.No.18/2013 of Gudlanarasimhnarahalli Village, Kasaba Hobli, Sidlaghatta Taluk. The contention of the petitioners- defendant Nos.2 and 3 in the suit is that the plaintiffs as well as the other defendants have played fraud and got allotted an extent of 1 acre of land in Sy.No.18/2013 out of 2 acres of land which was not available for allotment in view of the decree in O.S.No.340/1995. The decree in O.S.No.340/1995 indicates that the respondent No.1 herein and others have filed a suit against one G.Narasimhachar for permanent injunction and the said suit ended in a compromise between the plaintiffs therein and the defendant G.Narasimhachar and as per the compromise arrived at between the parties in the said suit, the plaintiffs therein have agreed that the western half extent in the suit schedule Sy.No.18 measuring 1 acre is allotted to the defendant and his GPA holder i.e. G.Narasimhachar. 5. It is to be noticed that the total extent in Sy.No.18/2013 is 2 acres of land out of which, 1 acre of land is - 5 - HC-KAR NC: 2026:KHC:26863 W.P. No.14968/2022 already allotted to G.Narasimhachar in a compromise decree in O.S.No.340/1995 and hence, the allotment of same land to the petitioners herein in O.S.No.48/2013 would not arise. It is to be noticed that as per the compromise decree in O.S.No.48/2013, 1 acre of land in Sy.No.18/2013 is allotted in favour of the defendant No.5-Narasappa and the remaining 1 acre in Sy.No.18/2013 is allotted to the petitioners herein. In other words, the land allotted to the petitioners herein in Sy.No.18/2013 measuring 1 acre was not available for allotment since it was earlier allotted to G.Narasimhachar in O.S.No.340/1995. In my considered view, on this ground alone the decree in O.S.No.48/2013 is required to be set aside. It is also noticed that the plaintiffs as well as the other defendants in O.S.No.48/2013 have not disclosed the allotment of 1 acre of land to G.Narasimhachar in O.S.No.340/1995, to the petitioners herein and by suppressing the said fact, the petitioners were made to sign the compromise petition which was accepted by the Lok Adalat resulting in passing of the impugned decree. 6. For the aforementioned reasons, I am of the considered view that the impugned decree in O.S.No.48/2013 - 6 - HC-KAR NC: 2026:KHC:26863 W.P. No.14968/2022 passed by the Trial Court is required to be set aside. Hence, I proceed to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned decree dated 12.04.2014 passed in O.S.No.48/2013 by the Principal Civil Judge and JMFC, Sidlaghatta is set aside. (iii) The suit in O.S.No.48/2013 is restored on the file of the Principal Civil Judge and JMFC, Sidlaghatta, for disposal in accordance with law. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 39