- 1 - HC-KAR NC: 2026:KHC:32768 W.P. No.14187/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.14187/2021 (GM-CPC) BETWEEN: D.V. MANJUNATHA S/O S. VENKATAPPA AGED ABOUT 54 YEARS R/A DODDAHOSAHALLI VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL-562110. …PETITIONER (BY SRI. RAVISHANKAR R.H. ADV.,) AND: 1. S. VENKATAPPA S/O LATE CHIKKASIDDAPPA AGED ABOUT 84 YEARS. 2. D.V. MAREGOWDA S/O S. VENKATAPPA AGED ABOUT 60 YEARS. 3. PARVATHAMMA W/O VARADARAJU D/O S. VENKATAPPA. ALL ARE R/AT DODDAHOSAHALLI VILLAGE CHANNARAYAPATNA HOBLI Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32768 W.P. No.14187/2021 DEVANAHALLI TALUK BENGALURU RURAL-562110. …RESPONDENTS (V/O/DTD:15.11.2021 STEPS TO BRING LR’S OF DECEASED R1 IS D/W BY SMT. KAVITHA B.M. ADV., FOR R2 SMT. BRINDA, ADV., FOR SRI. T.R. RAMESH, ADV., FOR R3 SRI. AMAN N. DRAVID, ADV., FOR SRI. S. SUBRAMANYA, ADV., FOR IMPLEADING APPLICANT ON I.A.1/2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.NO.963/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE DEVANAHALLI. QUASH THE ORDER DTD.4.6.2021 PASSED ON AIN NO.3 IN O.S.NO.963/2013 FILED BY THE PLAINTIFF/PETITIONER UNDER SECTION 152 R/W SECTION 151 OF CPC VIDE ANNEXUR4-E AND ALLOW THE SAME & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:32768 W.P. No.14187/2021 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 04.06.2021 passed on I.A.No.3 in O.S.No.963/2013 by the Principal Civil Judge and JMFC., Devanahalli (for short, ‘the trial Court’). 2. Heard Sri.Ravishankar R.H., learned counsel appearing for the petitioner, Smt.Kavitha B.M., learned counsel for the respondent No.2; Smt.Brinda, learned counsel for Sri.T.R.Ramesh; learned counsel for the respondent No.3; and Sri.Aman N.Dravid, learned counsel for Sri.S.Subramanya, learned counsel for impleading applicants on I.A.No.1/2025. 3. The petitioner has filed the suit in O.S.No.963/2013 seeking the relief of partition and separate possession and allotment of 1/4th share in the suit schedule property. In the said suit, the petitioner- plaintiff and respondents-defendants have filed a - 4 - HC-KAR NC: 2026:KHC:32768 W.P. No.14187/2021 compromise petition under Order XXIII Rule 3 and Section 151 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) and the said compromise petition was placed before the Lok-adalath, which was accepted. However, in the order sheet of the Lok-adalath dated 21.11.2013, an inadvertent error has occurred wherein the Conciliator has recorded that the memo is filed and based on such memo suit is dismissed. The plaintiff has filed an application in I.A.No.3 under Section 152 read with Section 151 of the CPC seeking to amend/rectify the order dated 21.11.2013 of the Lok-adalath, but the said application was rejected by the trial Court which is assailed in this petition. 4. It is required to be noticed that the respondent No.3 – Parvathama, who was defendant No.3 in O.S.No.963/2013, has later filed the suit in O.S.725/2014 challenging the compromise decree drawn before the Lok- adalath and seeking for partition. Be that as it may. It is also required to be noticed that the proposed respondents, who have filed I.A.No.1/2025 to implead themselves as - 5 - HC-KAR NC: 2026:KHC:32768 W.P. No.14187/2021 parties in this proceeding, have averred that respondent No.2 - D.V.Maregoda has sold the property allotted to him as per the compromise decree in their favour. 5. Considering the aforesaid events, I am of the considered view that the trial Court has committed a grave error in rejecting the application in I.A.No.3 filed by the petitioner-plaintiff seeking correction of the order dated 21.11.2013 of the Lok-adalath. Hence, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 04.06.2021 passed on I.A.No.3 in O.S.No.963/2013 by the Principal Civil Judge and JMFC., Devanahalli, is set aside. Consequently, I.A.No.3 filed by the petitioner- plaintiff before the trial Court is allowed. iii. The order dated 21.11.2013 of the Lok-adalath shall be read as under the “compromise petition” in place of “memo”. The trial Court/Lok-adalath - 6 - HC-KAR NC: 2026:KHC:32768 W.P. No.14187/2021 shall carry out necessary corrections in the order dated 21.11.2013. iv. In view of the aforesaid order, IA No.1/2025 for impleading is disposed of. The observations made by this Court will not come in the way of the trial Court deciding the suit in O.S.725/2014. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 7