- 1 - HC-KAR NC: 2026:KHC:24113 W.P. No.57/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.57/2022 (GM-CPC) BETWEEN: REVAMMA W/O UDAYAKUMAR AGED ABOUT 36 YEARS R/AT KOTHAGERE HOBLI KUNIGAL TALUK TUMKUR DISTRICT 572120. …PETITIONER (BY SRI. MAHESH C.M. ADV.,) AND: SHANKAR H.N. S/O LATE NARAYANASHETTI @ KARIYANNA AGED ABOUT 46 YEARS R/O MASJID ROAD HEBBUR HOBLI, TUMKUR TALUK TUMKUR DISTRICT 572101. …RESPONDENT (BY SRI. T. GOVINDA RAJA, ADV.,) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30.09.2021 PASSED BY THE LOKADALTH ON NOT PRESSED MEMO IN OS.NO.478/2019 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE JR-DIVISION AND JMFC AT TUMKUR (PRODUCED VIDE ANNEXURE-A) AND RESTORE THE SUIT & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24113 W.P. No.57/2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 30.09.2021 passed by the Lok Adalath in OS.No.478/2019 on the file of the Principal Civil Judge Jr.Division and JMFC, Tumkur (for short 'the trial Court'). 2. Sri.Mahesh C.M., learned counsel appearing for the petitioner submits that the petitioner had filed a suit for specific performance of a contract. It is submitted that in the said suit, the counsel representing the petitioner advanced the case and filed a memo before the Lok Adalat stating that the dispute had been settled outside the Court, and by recording the said memo, the suit was dismissed. It is further submitted that the petitioner had neither signed the affidavit annexed to the application for advancement nor the memo for withdrawal and that the suit was withdrawn by the counsel on account of misrepresentation. Hence, he seeks to allow the petition. - 3 - HC-KAR NC: 2026:KHC:24113 W.P. No.57/2022 3. I have heard the arguments of the learned counsel for the petitioner and perused the material available on record. 4. The petitioner filed OS.No.478/2019 against the respondent herein for specific performance of a registered agreement of sale dated 20.11.2015 and other reliefs. In the said suit, the counsel for the petitioner filed an application on 03.09.2021 under Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') seeking advancement of the hearing from 09.11.2021 to 04.09.2021. On 04.09.2021, a memo was filed stating that the matter had been settled out of Court. It is to be noticed that the said memo was presented before the Mega Lok Adalat and on the said day, the suit came to be dismissed as having been settled out of the Court. The order of the Mega Lok Adalat dated 30.09.2021 indicates that the memo dated 04.09.2021 was accepted. The order sheet further indicates that the counsel had signed the order sheet, but the petitioner/plaintiff had not signed the - 4 - HC-KAR NC: 2026:KHC:24113 W.P. No.57/2022 said memo as well as the order sheet. It is now specifically asserted in the petition that the petitioner had neither signed the memo nor the order sheet of the Mega Lok Adalat and had not instructed the counsel to withdraw the suit. 5. In view of the specific stand, I am of the considered opinion that the impugned order deserves to be set aside. Accordingly, for the preceding analysis, the order dated 30.09.2021 is hereby set aside. OS.No.478/2019 is restored to the file of the Principal Civil Judge Jr.Division and JMFC, Tumkur. No order as to costs. The trial Court shall proceed with the suit on merits and in accordance with law. It is open for the defendant to file a written statement, if not already filed. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 19