- 1 - HC-KAR CNR: KAHC010223902022 NC: 2026:KHC:39088 W.P. No.10247/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.10247/2022 (GM-CPC) BETWEEN: MR. B.A. NARASIMHAREDDY AGED ABOUT 55 YEARS S/O LATE B. ADIREDDY R/AT KADEHALLI VILLAGE KASABA HOBLI GUDIBANDE TALUK-561209. …PETITIONER (BY SRI. MOHANA CHANDRA P, ADV.,) AND: 1. MR. JAGANNATHA REDDY S/O LATE B.R. RAMACHANDRA REDDY AGED ABOUT 60 YEARS. 2. MR. ADINARAYANA REDDY S/O LATE B.R. RAMACHANDRA REDDY AGED ABOUT 55 YEARS. 3. SMT. ANASUYAMMA W/O LATE SHIVAREDDY AGED ABOUT 45 YEARS. 4. MR. B.A. KRISHNA REDDY AGED ABOUT 51 YEARS S/O LATE ADIREDDY. 5. SMT. SHIVAMMA W/O LATE A. NARASIMHAREDDY Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010223902022 NC: 2026:KHC:39088 W.P. No.10247/2022 AGED ABOUT 61 YEARS. ALL ARE R/AT KADEHALLI VILLAGE KASABA HOBLI, GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT-561209. …RESPONDENTS (BY SRI. G.R. LAKSHMIPATHY REDDY, ADV., FOR R1, R4 & R5 R2 SERVED R3 SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.NO.126/2017 ON THE FILE OF CIVIL JUDGE AND JMFC, GUDIBANDE. ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING/SETTING ASIDE THE ORDER DATED 20.06.2017 VIDE ANNEXURE-C PASSED BY THE COURT OF CIVIL JUDGE AND JMFC, GUDIBANDE IN LOKA ADALATH AS NULL AND VOID IN O.S.NO.126/2017 & 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 seeking the following reliefs: “a) Call for records in O.S.No.126/2017 on the file of Civil Judge and JMFC, Guidbande. b) Issue writ of Certiorari or any other writ or order quashing/Setting aside the order dated 20.06.2017 vide Annexure-C passed by the Court of Civil Judge and JMFC, Gudibande - 3 - HC-KAR CNR: KAHC010223902022 NC: 2026:KHC:39088 W.P. No.10247/2022 in Loka Adalath as null and void in O.S.No.126/2017, and c) Issue writ of Certiorari or any other writ or other quashing the compromise petition dated 20.06.2017 filed under Order 23 Rule 3 of CPC vide Annexure-B, and d) Issue writ of mandamus or any other writ or order directing the court of Civil Judge and JMFC, Gudibande to dispose of the suit in OS.No.126/2017 in accordance with law and Grant such other and further reliefs as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice.” 2. Sri.Mohana Chandra P., learned counsel appearing for the petitioner submits that the petitioner is defendant No.2 in suit filed by respondent Nos.1 to 4 seeking partition and separate possession. In the said suit, the trial Court issued suit summons to the defendants and date of appearance was shown as 30.08.2017. However, in collusion with the other defendant, the plaintiffs got the matter advanced even before appearance of the petitioner/defendant No.2 in the suit and got a compromise before the Lok Adalat on 20.06.2017. It is submitted that the plaintiffs and other defendant forged - 4 - HC-KAR CNR: KAHC010223902022 NC: 2026:KHC:39088 W.P. No.10247/2022 the signature of defendant No.2 on the compromise petition and the same was filed before the Lok Adalat. Without verifying the correctness of the same and presence of the parties, the conciliator in the Lok Adalat accepted the compromise petition and passed an order, pursuant to which a decree came to be drawn. Hence, he seeks to allow the petition. 3. Per contra, Sri.G.R.Lakshmipathy Reddy, learned counsel appearing for respondent Nos.1, 4 and 5 supports the judgment and decree of the Lok Adalat and submits that the compromise petition indicates that defendant No.2 has signed the compromise. Based on such signature and being satisfied with the same, the Lok Adalat rightly accepted the compromise petition and decreed the suit. The same does not call for any interference. Hence, he seeks to dismiss the petition. 4. I have heard the arguments on both the sides and meticulously perused the material available on record. - 5 - HC-KAR CNR: KAHC010223902022 NC: 2026:KHC:39088 W.P. No.10247/2022 5. Respondent Nos.1 to 4 filed a suit in OS.No.126/2017 on the file of the Civil Judge and JMFC, Gudibande seeking the relief of partition and separate possession. In the said suit, the trial Court issued suit summons to the defendants, indicating the date of appearance as 30.08.2017. The records indicate that the plaintiffs filed an application seeking advancement of the case. The said application came to be allowed by the trial Court and the case was advanced to 20.06.2017. Immediately, the matter was referred to the Lok Adalat and before the Lok Adalat, a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (for short ‘CPC’) came to be filed, which was accepted by the Lok Adalat and decree was ordered to be drawn. 6. The specific contention of the petitioner is that the petitioner, who is defendant No.2 in the said suit never appeared before the trial Court, as the date fixed for his - 6 - HC-KAR CNR: KAHC010223902022 NC: 2026:KHC:39088 W.P. No.10247/2022 appearance was 30.08.2017 and the compromise petition was filed by forging his signature. 7. Considering the aforesaid submissions, taking note of the fact that the appearance of the petitioner/defendant No.2 was scheduled on 30.08.2017, contention that, even before his appearance, the suit got compromised before the trial Court and in view of the specific assertion of advancement of the case, forging the signature of defendant No.2, I am of the view that it would be appropriate if the suit is adjudicated on its merits. Hence, considering the grounds urged in the petition and taking note of the decision of this Court in the case of Smt.Renuka v. Sri.Ramanand and Another1, I am of the view that the writ petition deserves to be allowed. Accordingly, I proceed to pass the following: ORDER i. The writ petition is allowed. 1 WP.No.10376/2018 dated 31.03.2022 - 7 - HC-KAR CNR: KAHC010223902022 NC: 2026:KHC:39088 W.P. No.10247/2022 ii. The decree dated 20.06.2017 passed in OS.No.126/2017 in the Lok Adalat is hereby set aside. The suit is restored on the file of the Civil Judge and JMFC, Gudibande. iii. The trial Court shall proceed with the suit in accordance with law. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 29