- 1 - NC: 2024:KHC-K:2178 WP No. 208040 of 2017 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 13TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE V SRISHANANDA WRIT PETITION NO.208040 OF 2017 (GM-CPC) BETWEEN: DR. R.HEMA D/O R. YENKANNA SHETTY & W/O AJAY SHANKAR, AGED ABOUT 30 YEARS, OCC: HOUSEHOLD, R/O M/S KRISHNA INDUSTRIES, RAICHUR ROAD, MANVI, TQ: MANVI. DIST: RAICHUR. …PETITIONER (BY SRI. R. S. SIDHAPURKAR, ADVOCATE) AND: 1. RAJALBANDI YENKANNA SHETTY S/O LATE. HANUMANTHAYYA SHETTY, AGED ABOUT 56 YEARS, OCC: BUSINESS & AGRICULTURE, R/O KRISHNA INDUSTRIES, RAICHUR ROAD, MANVI, TQ: MANVI, DIST: RAICHUR-584101. 2. SMT. SHANKUNTALA W/O RAJALBANDI YENKANNA SHETTY AGED ABOUT 52 YEARS, OCC: HOUSEHOLD R/O KRISHNA INDUSTRIES, RAICHUR ROAD, MANVI, TQ: MANVI, DIST: RAICHUR-584101. 3. RAJALABANDI VIJAYENDRA S/O SRI. R. RANKANNA SHETTY, AGED ABOUT 25 YEARS, OCC: WORKING AS ASST. CONSULTANT Digitally signed by SHILPA R TENIHALLI Location: High Court Of Karnataka - 2 - NC: 2024:KHC-K:2178 WP No. 208040 of 2017 MA-FOI RANDSTAD NO. 147, II FLOOR, ANJINAYYA TECH PARK, AIRPORT ROAD, KODIHALLI, BANGALORE-3. 4. RAJALABANDI VENKATA KRISHAN S/O YENKANNA SHETTY, AGED ABOUT 35 YEARS, OCC: BUSINESS AND AGRICULTURE AND NOW WORKING AT M/S THOMSON REUTERS AS EQUITY ANALYSIS, R/O. H.NO.337, GROUND FLOOR, ADI BHIRAVAN LAYOUT, ARKERE MAIN ROAD, ARKERE BANGALORE – 76. …RESPONDENTS (BY SRI. P S. MALIPATIL, ADVOCATE FOR R1 TO R3; SRI. SAHILAJA C.D. ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE CERTIORARI AND QUASH THE COMPROMISE DECREE DATED 24.10.2013 PASSED IN O.S.NO.22/2012 BY THE LOK ADALAT AND PRINCIPAL SENIOR CIVIL JUDGE AT RAICHUR AT ANNEXURE-A. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY THE COURT MADE THE FOLLOWING: ORDER Heard Sri R.S.Sidhapurkar, learned counsel for petitioner, Sri P.S.Malipatil, learned counsel for respondent Nos.1 to 3 and Smt.Shailaja C.D., learned counsel for respondent No.4. - 3 - NC: 2024:KHC-K:2178 WP No. 208040 of 2017 2. Writ petition is filed with the following prayer :- “Praying to issue a writ in the certiorari and quash the compromise decree dated 24.10.2013 passed in O.S.NO.22/2012 by the Lok Adalat and Principal Senior Civil Judge at Raichur at Annexure-A.” 3. Facts of the case are as under: A suit came to be filed in O.S.No.22/2012 for partition. The said suit was referred to Lok-Adalat for settlement at the request of parties. It is submitted by the writ petitioner that in the Lok-Adalat, petitioner has been duped in getting his signature on the compromise petition resulting in great injustice. 4. Sri P.S.Malipatil, learned counsel representing the contesting respondents fairly submits that the compromise before the Lok-Adalat is not just compromise and therefore, the said award passed by the Lok-Adalat in O.S.No.22/2012 pursuant to the compromise petition filed by the parties on 24.10.2013 on the file of Prl. Senior Civil - 4 - NC: 2024:KHC-K:2178 WP No. 208040 of 2017 Judge, Raichur be set-aside and matter be remitted to the Court for disposal on merits in accordance with law. 5. Placing the submission of Sri P.S.Malipatil, learned counsel representing the contesting respondents on record, following order is passed :- i) Writ petition is allowed. ii) The compromise decree dated 24.10.2013 in O.S.No.22/2012 passed by the Principal Senior Civil Judge, Raichur is quashed. iii) Consequently, the suit in O.S.No.22/2012 on the file of Principal Senior Civil Judge, Raichur stands restored to the file for disposal on merits in accordance with law. iv) Taking note of the fact that the suit is of the year 2012 and the suit is one for partition the trial Court shall dispose of the suit on or before 31.01.2025. v) Needless to emphasize that the parties shall cooperate for the disposal of the suit in accordance with law. - 5 - NC: 2024:KHC-K:2178 WP No. 208040 of 2017 vi) As a right direction in this regard, parties shall appear before the learned Principal Senior Civil Judge, Raichur without further notice on 25.03.2024. Sd/- JUDGE SN CT:SI List No.: 1 Sl No.: 9