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2026 DAILYLAW 48536 (KAR)

M/S CR DEVELOPERS v. SHRI H R KRISHNE GOWDA

WP/17629/2024 · 2026-02-04

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6683 WP No. 17629 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 17629 OF 2024 (GM-CPC) BETWEEN: 1 2 M/S CR DEVELOPERS REPRESENTED BY ITS PARTNERS SHRI T G CHANDRA S/O M GOVINDAPPA AGED ABOUT 56 YEARS SHRI RAKESH KUMAR P S/O PHOOL CHAND JAIN AGED ABOUT 54 YEARS OFFICE AT NO.457, PANDURANGA TEMPLE STREET HASSAN. A PARTNERSHIP FIRM 573201 …PETITIONERS (BY SRI. G A SRIKANTE GOWDA, ADVOCATE) AND: SHRI H R KRISHNE GOWA S/O LATE RANGE GOWDA AGED ABOUT 55 YEARS OCC: NOT KNOWN RESIDING AT HOOVINA HALLI VILLAGE KASABA HOBLI, HASSAN TALUK HASSAN-573201. …RESPONDENT (BY SRI. C.V. MANJUNATHA, ADVOCATE) THIS W.P. IS FILED UNDER ORDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO CALLING FOR RECORDS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6683 WP No. 17629 of 2024 AND PROCEEDS OF THE CASE, THIS HONBLE COURT BE PLEASED TO EXERCISE ITS SUPERVISORY JURISDICTION UNDER ARTICLE 227 OF CONSTITUTION OF INDIA AND TO PASS.A) APPROPRIATE ORDER OR DIRECTION TO SET ASIDE ORDER DATED 22/06/2024, (ANNEXURE-G) PASSED BY THE LEARNED IV ACJ AND JMFC, HASSAN, IN OS NO. 473/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiffs in O.S.No.473/2024 is directed against the impugned order dated 24.06.2024, whereby the trial court declined to grant ad-interim ex-parte order of temporary injunction in favour of the petitioners – plaintiffs and directed issuance of emergent notice to the respondent – defendant. 2. Learned counsel for the petitioners – plaintiffs and learned counsel for respondent – defendant have filed a compromise petition dated 04.02.2026 duly signed by the petitioners, respondent and their respective counsel and the same is taken on record. 3. Petitioner – plaintiff is the partnership firm represented by Sri.T.G.Chandra and Sri.P.Rakesh Kumar, both of them are - 3 - HC-KAR NC: 2026:KHC:6683 WP No. 17629 of 2024 physically present before the Court; so also, the respondent – sole defendant – Sri.H.R.Krishne Gowda is physically present before the Court and they are identified by their respective counsel and they admit the contents of the aforesaid compromise petition, which reads as under:- “COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF CIVIL PROCEDURE CODE: The Petitioners and Respondent states as follows:- I. As per the advice of the Well-wishers, friends and elderly persons the parties have agreed to settle the dispute involved in this case and in O.S.NO 473/2024, on the following terms:- 1. The Petitioners have paid a sum of Rupees Twenty five lakhs (Rs.25,00,000/-) to the Respondent towards full and final settlement of dispute involved in this case, in O.S No. 473/2024 and W.P No. 5945/2021. The said amount is paid as per Cheque dated 06.02.2026 bearing number 000236 drawn on ICICI bank, Hassan branch. The Respondent acknowledges the receipt of the said amount. 2. The parties to this compromise hereby admits that, though petitioner has no liability to pay the aforesaid amount, the said amount is paid as per the advice of elders, friends, only to put an end to the litigation and to have peaceful enjoyment of suit schedule property. - 4 - HC-KAR NC: 2026:KHC:6683 WP No. 17629 of 2024 3. The Respondent who was/is in illegal possession of Suit B-schedule property, realizing his fault and respecting the advise of elders and well-wishers delivered the possession of Suit B-schedule property to the petitioners by accepting the amount of Rupees Twenty five lakhs (Rs.25,00,000/-) stated above and admits that, he has no right, title, interest or claim or possession over the schedule properties or against the petitioners. 4. The Respondent hereby admits, reiterates and declares that he has no manner of right, title and interest or claim over the suit schedule properties described under schedule A, schedule B, schedule C, in O.S.No. 473/2025 pending in the court of Civil Judge and JMFC at Hassan and hereby admits that, Petitioner is the lawful owner in possession and enjoyment of the suit schedule properties. 5. The Respondent hereby undertakes that, hereafter either himself or through any of his legal heirs, agents or persons claiming through him would not interfere and disturb the peaceful possession and enjoyment of the Plaintiffs over the suit schedule properties in any manner. 6. The Respondent hereby admits, undertakes that he has no objection to decree the suit in OS NO. 473/2025 pending on the file of Civil Judge and JMFC terms of this compromise at Hassan in petition/orders of this Hon'ble High court. - 5 - HC-KAR NC: 2026:KHC:6683 WP No. 17629 of 2024 7. The Respondent hereby admits, undertakes that, he will withdraw the Writ Petition pending before this Hon'ble court in W.P No. 5945/2021 by filing memo for withdrawal immediately and he has no objection to confirm the orders of KAT. 8. The parties have entered into this compromise with mutual consent, free mind, without any fear, pressure or coercion or force and have agreed to settle the dispute by understanding the terms of this compromise Petition read over to both the parties in Kannada language known to them, the parties understanding the same have signed this compromise petition in the presence of their advocates with an intension to put an end to the litigation. For the reasons stated above the Petitioners prays this Hon'ble court be pleased to dispose of this writ petition and to decree the suit in OS NO. 473/2025 pending on the file of Civil Judge and JMFC at Hassan in terms of the compromise petition in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the compromise petition dated 04.02.2026. - 6 - HC-KAR NC: 2026:KHC:6683 WP No. 17629 of 2024 (ii) The trial court is directed to dispose of the suit in O.S.No.473/2025 in terms of the compromise petition immediately upon a receipt of a copy of this order. (iii) Draw up the decree accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 2 Sl No.: 26