Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:6755 WP No. 8396 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 8396 OF 2024 (GM-CPC) BETWEEN:
SMT. S. PALLAVI W/O SRI B SATISH KUMAR REDDY, D/O S MANJUNATH REDDY, AGED ABOUT 37 YEARS, R/AT: NO.36/206-21 SUNRISE ENCLAVE APARTMENT, 4TH FLOOR,SAINAGARA COLONY KADAPA TOWN AND DISTRICT. …PETITIONER (BY SRI. PRANEETH G N.,ADVOCATE) AND:
1.
SRI. PRABHURAJ AMBIL S/O LATE DURADUNDIAH, AGED ABOUT 53 YEARS, R/A NO.302, ARCHANA ENCLAVE, PRASHANTHI NAGAR ISRO LAYOUT BANGALORE 560078
2.
SRI S MANJUNATH REDDY S/O S BALI REDDY, AGED ABOUT 67 YEARS, R/A PEMMANAKUNTEPALLI VILLAGE, NALLAMADA MANDAL SRI SATYA SAI DISTRICT, PUTTAPARTHI ANDHRA PRADESH -515501
3.
SMT S KAMALAMMA W/O S MANJUNATH REDDY,
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:6755 WP No. 8396 of 2024
AGED ABOUT 63 YEARS, R/A PEMMANAKUNTAPALLI VILLAGE, NALLAMADA MANDAL, SRI SATYA SAI DISTRICT, PUTTAPARTHI, ANDRA PRADESH - 515501
4.
SRI S ADINARAYANA REDDY S/O S MANJUNATH REDDY, AGED ABOUT 39 YEARS, R/A PEMMANAKUNTAPALLI VILLAGE, NALLAMADA MANDAL, SRI SATYA SAI DISTRICT, PUTTAPARTHI, ANDRA PRADESH - 515501
5.
SRI S RAMANA REDDY S/O S MANJUNATH REDDY, AGED ABOUT 37 YEARS, R/A PEMMANAKUNTAPALLI VILLAGE, NALLAMADA MANDAL, SRI SATYA SAI DISTRICT, PUTTAPARTHI, ANDRA PRADESH - 515501 …RESPONDENTS
(BY SRI. PRABHULING NAVADGI, SENIOR COUNSEL APPEARING FOR; SRI. SANGAMESH R.B., ADV. FOR R1;
R2,R3,R4 & R5 ARE SERVED)
THIS WP IS FILED UNDER ARTICLE 227 OF THE INDIAN CONSTITUTION PRAYING TO QUASH THE COMPROMISE DECREE DATED 11/10/2023 PASSED BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC AT DEVANHALLI IN OS NO.188/2011.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:6755 WP No. 8396 of 2024
CORAM:
HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“a. Issue a writ of certiorari and to quash the compromise decree dated 11.10.2013 passed by the Hon’ble Senior Civil Judge and JMFC at Devanahalli in O.S.No.188/2011; as per Annexure-A. b. issue any other Writ or order or direction that deems fit to grant in the circumstance of this case in the interest of justice and equity.”
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner seeks to assail the impugned compromise decree by alleging fraud and putting forth various contentions, all of which give rise to disputed questions of fact and law, which are incapable of being adjudicated upon by this Court in the exercise of its jurisdiction under Article 227 of the Constitution of India. It is also pertinent to note that the impugned compromise decree is dated 11.10.2013 and the question of delay/limitation would be yet another factor that would be required to be adjudicated by a fact
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HC-KAR NC: 2026:KHC:6755 WP No. 8396 of 2024
finding authority and not by this Court in the exercise of its jurisdiction under Article 227 of the Constitution of India.
4. Under these circumstances, though several
contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour of the petitioner to take recourse to such remedies as available in law including filing a suit, Miscellaneous Petition etc., as permissible in law, subject to all just exceptions.
5. Subject to the aforesaid directions and liberty reserved in favour of the petitioner and leaving open all contentions, the petition stands disposed of.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 1 Sl No.: 34