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2026 DAILYLAW 20057 (KAR)

KARTHIK S GOWDA v. SRI ANJNAPPA

WP/14039/2026 · 2026-06-04

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26357 WP No. 14039 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14039 OF 2026 (GM-RES) BETWEEN: 1. KARTHIK S. GOWDA S/O LATE SHIVANNA, AGED 22 YEARS, 2. LIKITH GOWDA. S, S/O. LATE SHIVANNA, AGED 20 YEARS, BOTH ARE RESIDING AT NO.52/1, 7TH CROSS, KEB ROAD, ANJANA NAGAR, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 091. …PETITIONERS (BY SRI. B. RAMESH, ADVOCATE) AND: SRI. ANJNAPPA S/O CHIKKANNA AGED ABOUT 59 YEARS, R/A. AYYANDAHALLI VILLAGE, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 131. …RESPONDENT (VIDE ORDER DATED 04.06.2026, NOTICE TO RESPONDENT IS DISPENSED WITH) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26357 WP No. 14039 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPROMISE PETITION AND THE DECREE DATED 24.08.2021 PASSED IN OS NO.206/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MAGADI WHICH IS PRODUCED AND MARKED AS ANNEXURE-G AND H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Notice to respondent is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: “a. Issue a writ in the nature of certiorari, quashing the compromise petition and the decree dated 24.08.2021 passed in OS No.206/2021 on the file of the Additional Senior Civil judge and JMFC at Magadi which is produced and marked as ANNEXURE-'G' AND 'H', b. To Pass any other suitable orders as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” - 3 - HC-KAR NC: 2026:KHC:26357 WP No. 14039 of 2026 3. In a suit filed against the father of the petitioner by one Sri Anjnappa in O.S.No.206/2021, the father of the petitioners, Sri Shivanna, had entered into a compromise agreeing to execute the necessary sale deed in respect of the property which was the subject matter of the sale agreement dated 06.02.2020 and which formed the subject matter of the said suit. 4. Upon the death of the father, it is alleged that, even prior to the said compromise and even prior to the said suit in O.S.No.206/2021, the petitioners’ had filed a suit in O.S.No.263/2020 seeking for partition of the very same property along with various ancestral properties, one of which was the property that was the subject matter of the agreement of sale. 5. It is on that ground that the petitioners are before this Court, contending that the father of the petitioners entered into a compromise in O.S.No.206/2021 as regards the properties over which the petitioners have a right and on that ground - 4 - HC-KAR NC: 2026:KHC:26357 WP No. 14039 of 2026 the compromise petition and decree are sought to be set aside. 6. This Court is unable to agree with the submissions made by learned counsel for the petitioners, inasmuch as the suit for partition is still pending. The rights of the petitioners are still inchoate and no crystallisation of the rights has occurred. That apart, the father of the petitioners’ has also expired and during his lifetime he had not raised any issue as regard to compromise. If at all the petitioners are successful in the suit which has been filed, any order of alienation pursuant to the compromise petition and decree in O.S.No.206/2021 will always be subject to the prior suit in O.S.No.263/2020. With the above observation, the petition stands disposed of. .Sd/- (SURAJ GOVINDARAJ) JUDGE TMP List No.: 1 Sl No.: 10