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HC-KAR NC: 2026:KHC:6818 WP No. 28601 of 2018
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5THDAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 28601 OF 2018 (GM-CPC) BETWEEN:
SRI. P.SHIVANNA S/O LATE SRI.PUTTAIAH, AGED ABOUT 55 YEARS, R/AT NO.1267, WARD NO.28, THATTAKERE VILLAGE, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-571 511. …PETITIONER (BY SRI. R.B.SADASIVAPPA., ADVOCATE)
AND:
1.
SRI. V.T.DOOLAIAH S/O SRI BANGI HUCHAIAH, SINCE DECEASED BY HIS LR’S,
SMT.CHIKKAHUCHAMMA, W/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 83 YEARS,
2. SRI.V.DOOLAIAH S/O LATE SRI. V.T.DOOLAIAH, AGED ABOUT 60 YEARS,
3.
SRI.CHIKKATHAMAIAH @ NANJUNDASWAMY, S/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 58 YEARS,
4. SRI.LAKSHMANA S/O LATE SRI.V.T.DOOLAIAH,
HC-KAR NC: 2026:KHC:6818 WP No. 28601 of 2018
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AGED ABOUT 56 YEARS,
5.
SRI KEMPARAJU.D S/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 45 YEARS,
6. SRI.DEVARAJU.D S/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 39 YEARS,
7. SMT.LAKSHMIDEVAMMA D/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 47 YEARS,
8. SMT.INDIRAMMA D/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 40 YEARS,
9. SMT.ARATHAMMA D/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 38 YEARS,
ALL ARE R/AT THATTAKERE VILLAGE CHANNAPATNA TOWN, RAMANAGARA-571 511.
…RESPONDENTS
(BY SRI. P.N.RAJESHWARA., ADVOCATE FOR R1 TO R9)
THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE IMPUGNED
ORDER DATED 28.11.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE & JMFC, CHANNAPATNA IN EX 18/11 VIDE ANNEXURE- B;AND QUASH THE ORDER DATED 30.06.2018 PASSED BY THE PRINCIPAL CIVIL JUDGE & JMFC, CHANNAPATNA IN EX.18/11 VIDE ANNEXURE-D AND CONSEQUENTLY DISMISS THE EXECUTION PETITION NO.18/2011, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHANNAPATNA.
HC-KAR NC: 2026:KHC:6818 WP No. 28601 of 2018
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THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL ORDER
1. The present petition has been filed seeking to challenge orders dated 28.11.2017 and 30.06.2018 passed in Execution Proceedings in Ex.No.18/2011 by learned Principal Civil Judge and JMFC, Channapatna (hereinafter referred as ‘Impugned Order’). By the Impugned Order, an order was passed directing the Decree Holder to take steps for the arrest and detention in civil prison of the
Judgment Debtor. 2. The challenge has been made before this Court by the Judgment Debtor. Learned counsel for the parties submit that during the pendency of proceedings before this Court, they have amicably have settled their disputes. They further submit that they filed application in I.A.No.1/2026 under Order XXIII Rule 3 of CPC, 1908. HC-KAR NC: 2026:KHC:6818 WP No. 28601 of 2018
- 4 - The said application is supported by verification affidavit which has been placed on record today. 3. The General Power of Attorney Holder (V.Doolaiah) who is Respondent No.2 appears in person. He submits that he is the son of Respondent No.1 and brother of Respondent Nos.3 to 9. The General Power of Attorney in favour of said V.Doolaiah which is annexed along with Compromise Petition. 4. The salient features of Compromise Agreement are set out below:
“3) The property of the Petitioner measures East to West 48 ft. and North to South 36 ft., and the same is shown with the letters 'A', 'B', 'C', 'D'. 4) The property belonging to the Petitioner is morefully described in the schedule 'A' hereunder. 5) Similarly, the property of the Respondents of late Sri. V.T. Doolaiah is the property measuring East to West 136 ft. and North to South 20 ft. and the same is marked with the letters 'A', 'E', 'F', 'G', and 'A' which is morefully described in the schedule 'B' hereunder. 6) The parties to the above writ petition submit that they will not interfere with each other’s property i.e., the Petitioner will not interfere with schedule 'B' property belonging to the Respondents and similarly, the Respondents will not interfere with the lawful possession of the Petitioner with respect to schedule 'A' property. HC-KAR NC: 2026:KHC:6818 WP No. 28601 of 2018
- 5 - 7) In view of the settlement between the parties, the petitioner by name Sri. P. Shivanna will withdraw R.A. No.21/2022 pending on the file of the Senior Civil Judge and JMFC, Channapattana. 8) In view of the settlement, the Respondents have no objection to dispose off the above writ petition. 9) The rough sketch produced is part and parcel of the settlement between the parties.
10) The parties to the above writ petition pray that this Hon'ble Court be pleased to record the above settlement between the parties and be pleased to dispose oft the above writ petition and be pleased to quash the impugned orders dated 28/11/2017 and 30/06/2018 vide Annexure - B and D respectively, passed by the Principal Civil Judge and JMFC. Channapattana, in the interest of justice and equity. SCHEDULE 'A' PROPERTY
Property shown in the rough sketch with the letters ‘A’, ‘B’, ‘C’ and D is the property belonging to the Petitioner bearing CMC No.1251, situated at Channapattna City Municipality. Thattekere. Channapattna, measuring East to West 48 ft. and North to South 36 ft. and bounded on the:
East by : Property of Smt. Venkatamma
West by :Thattekere road
North by : Property of Sri. Doolaiah (Khatha No.1521/150)by his LRs (Respondents)
South by :Property of Smt. Nagarathna/Madaiah's property. SCHEDULE 'B' PROPERTY
Property shown in the rough sketch with the letters 'A', 'E', 'F', 'G' and 'A' is the property belonging to the Respondents (LRs of Sri. V.T. Doolaiah) bearing Sy. No.83/1, now changed to CMC Door No.1521/150, situated at Thattekere village, Kasabahobli. Channapattana town,
HC-KAR NC: 2026:KHC:6818 WP No. 28601 of 2018
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East by : Respondent's property. DoorNo.1248/2of Sri. V.T. Doolaiah;
West by :Tattekere main road;
North by : House of Sri. Kalalakkaiah @ Kuntaiah;
South by : Property of the Petitioner and Smt. Venkatamma”. 5. The Compromise Petition is attached with Schedule ‘A’ and Schedule ‘B’ forming part thereof. In addition, the parties have appended rough sketch to the compromise petition. A copy of the General Power of Attorney has been attached. 6. In view of the settlement between the parties, the writ petition is disposed of. A Decree sheet be drawn up in terms of compromise petition. 7. All pending applications stand closed.
(TARA VITASTA GANJU) JUDGE SNB List No.: 2 Sl No.: 2 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNATAKA