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2026 DAILYLAW 52910 (KAR)

SRI. RAVI S/O BHARAMAPPA KHODANAPUR v. SRI. SHIVANAND S/O CHANNAPPA HUGAR

WP/102864/2025 · 2026-01-06

Lalitha Kanneganti

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:72 WP No. 102864 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.102864 OF 2025 (GM-RES) BETWEEN: SRI. RAVI S/O. BHARAMAPPA KHODANAPUR, AGE. 42 YEARS, OCC. AGRICULTURIST, R/O. HOLLAR ONI, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. …PETITIONER (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. SRI. SHIVANAND S/O. CHANNAPPA HUGAR, AGE. 46 YEARS, OCC. PRIEST AND HOOGARIKE, R/O. SAVALABAVI ONI NEAR RAGHAVENDRA TEMPLE, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. 2. SRI. UDAYKUMAR S/O. ANNAPPA HUGAR, AGE. 48 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. BASAVA SADAN, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. 3. SRI. GANGADHARAYYA S/O. GURUPADAYYA BANGARIMATH, AGE. 69 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. PADAKIPURAM, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.01.09 10:54:54 +0530 - 2 - HC-KAR NC: 2026:KHC-D:72 WP No. 102864 of 2025 4. SMT. LAXMIBAI W/O. SIDDAPPA PAWAR, AGE. 66 YEARS, OCC. BUSINESS, R/O. BANDI ONI, SAUNDATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591126. 5. SARDESAI NAVALAGUND-SHIRASANGI TRUST COMMITTEE, REPRESENTED BY ADMINISTRATOR THE DEPUTY COMMISSIONER BELAGAVI DISTRICT OLD ZILLA PARISHAT BUILDING COURT COMPOUND, BELAGAVI, DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. JAGADISH PATIL, ADVOCATE FOR R5; NOTICE TO R3 IS UNCLAIMED; NOTICE TO R4 IS REFUSED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A. A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE LOKADALATH ORDERS/AWARDS DATED 14.12.2024 IN O.S. NO.292/2023, O.S. NO.293/2023, O.S. NO.294/2023 AND O.S. NO.295/2023 ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE AND JMFC SAUNDATTI PASSED BY THE JUDICIAL CONCILIATOR AND NON JUDICIAL CONCILIATOR PRODUCED AS ANNEXURE-G TO G3 RESPECTIVELY. B. SUCH OTHER WRIT OR ORDER OR DIRECTION AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING AN ORDER FOR COSTS MAY KINDLY BE PASSED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:72 WP No. 102864 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “A. A writ in the nature of certiorari or any other writ or order or direction quashing the Lokadalath orders/awards dt. 14.12.2024 in O.S. No.292/2023, O.S. No.293/2023, O.S. No.294/2023 and O.S. No.295/2023 on the file of the learned Prl. Civil Judge and JMFC Saundatti passed by the Judicial Conciliator and Non Judicial Conciliator produced as Annexure-G to G3 respectively. B. Such other writ or order or direction as deems fit under the facts and circumstances of the case, including an order for costs may kindly be passed, in the interest of justice and equity.” 2. It is the case of the petitioner that he is the third party and wants to participate in the auction to be conducted by the Trust/Temple. In view of the compromise that has been entered between respondents No.1 to 4 and 5, the petitioner’s right to participate in the auction is forfeited. It is the case of the petitioner that, it is collusion among the respondents and because of the collusion, the petitioner has lost his valuable right to participate in the auction. As such, the award has to be set aside. If this is not set aside, the petitioner would not be in a - 4 - HC-KAR NC: 2026:KHC-D:72 WP No. 102864 of 2025 position to participate in the auction to be conducted by respondent No.5. 3. This Court do not find any force in the argument of the learned counsel for the petitioner and the prayer that is sought to set aside the award that is passed by Lok Adalath on the grounds that are stated by the petitioner is not permissible. The respondents are the private parties and the suit is filed seeking injunction. They have compromised before the Lok Adalath and an award is passed. The petitioner cannot be permitted to say that such compromise is bad and it is obtained by playing fraud. If the petitioner has any grievance against any of the parties i.e., the Trust or the Temple, the compromise between the respondents will not come in the way and if he has any grievance, he can always approach the appropriate forum. The ground that if this compromise decree is not there, the respondent No.5 will call for the auction and the petitioner will be able to participate and because of the compromise decree between the parties, he is not able to participate is not the ground to set aside the Lok Adalat award. This Court is of the - 5 - HC-KAR NC: 2026:KHC-D:72 WP No. 102864 of 2025 view that on such ground, the award cannot be set aside. Accordingly, this Court is passing the following: ORDER i. This Court do not find any reasons to interfere with the award impugned. ii. Writ petition is disposed off giving liberty to the petitioner to avail the appropriate remedy, if available under law. SD/- JUSTICE LALITHA KANNEGANTI RH CT: UMD List No.: 1 Sl No.: 0