- 1 - HC-KAR NC: 2026:KHC-D:247 WP No. 108905 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.108905 OF 2025 (GM-CPC) BETWEEN: 1. THE CHIEF OFFICER, TOWN PANCHAYAT KUNDGOL, TQ. KUNDGOL, DIST. DHARWAD-581113. 2. THE PRESIDENT, TOWN PANCHAYAT KUNDGOL, TQ. KUNDGOL, DIST. DHARWAD-581113. …PETITIONERS (BY SRI. SHIVAPRASAD S.PATIL, ADVOCATE) AND: SRI. RAJESAB S/O. HAJARESAB KALLIMANI, AGE. 72 YEARS, OCC. AGRICULTURE AND RTD EMPLOYEE, R/O. KUNDGOL, TQ. KUNDGOL, DIST. DHARWAD-581113. …RESPONDENT (BY SRI. VISHWANATH S.BICHAGATTI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 17-10-2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, KUNDGOL, ON I.A. NO.2 FILED UNDER SECTION 151 OF CPC IN EX. NO.9/2023 (VIDE ANNEXURE-K), AND CONSEQUENTLY BE PLEASED TO DISMISSED THE SAID APPLICATION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:247 WP No. 108905 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by the order passed in I.A.No.2 in EX.No.9/2023 dated 17.10.2025 by the Senior Civil Judge and JMFC, Kundgol. 2. The petitioners before this Court are the Chief Officer and the president of Town Panchayat Kundgol. The respondent herein had filed O.S.No.26/2009 before the Civil Judge and JMFC, Kundgol and the same was dismissed by Judgment dated 17.02.2016. Then the respondent herein had preferred an appeal i.e., RA.No.55/2016 before the Senior Civil Judge and JMFC, Kundgol and the parties have entered into compromise on 11.03.2017, as per the compromise petition filed by the parties, decree was passed on 21.03.2017. It is the case of the petitioners that one plot was already allotted to the respondent by the date of the compromise and as per the compromise, they have allotted two plots to the mother and daughter-in-law of the - 3 - HC-KAR NC: 2026:KHC-D:247 WP No. 108905 of 2025 respondent. The respondent without any basis has filed the execution petition. 3. Learned counsel appearing for the respondent submits that the petitioners as per the compromise decree had not allotted any of the plots and the two plots which they are referring to which are allotted to the mother and the daughter- in-law have no nexus with the compromise and they have done it as per the schemes provided by the Government. 4. Learned counsel appearing for the petitioners submits that the Judgment and Decree is passed by the Senior Civil Judge, Kundgol and now the execution petition is filed before the Senior Division and the Senior Civil Judge has no jurisdiction to entertain the execution petition. It is submitted that after obtaining the consent of the respondent, they have allotted the two plots in favour of the mother and daughter-in-law of the respondent. It is submitted that the order impugned needs to be set aside on both the grounds that (1) they have complied with the compromise decree and (2) the Senior Civil Judge has no jurisdiction to pass the decree. - 4 - HC-KAR NC: 2026:KHC-D:247 WP No. 108905 of 2025 5. In response to that, learned counsel appearing for the respondent/decree holder submits that the respondent has not given any consent as stated by the petitioners/Judgment Debtors and the two plots have nothing to do with the compromise decree. As per the compromise decree, three plots are to be allotted to the Decree Holder and the petitioners have failed to do the same. It is submitted that at this stage, the Judgment Debtors cannot raise the issue of jurisdiction when they have submitted themselves to jurisdiction of the trial Court and before the trial Court they have submitted that they will comply with the order. As such, that ground is not available to the Judgment Debtors and the executing Court considering all these issues had passed a reasoned order and no interference is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. First, the ground that is raised by the Judgment Debtor that the Senior Civil Judge has no jurisdiction as the compromise decree is entered into between the parties before the Senior Division and now the execution is also filed before the Senior Division. The submission of the learned counsel appearing for the respondent/Decree Holder that - 5 - HC-KAR NC: 2026:KHC-D:247 WP No. 108905 of 2025 the petitioners have submitted themselves to the jurisdiction of Senior Division Court, as far as that aspect is concerned, this Court is not able to appreciate the said submission. The parties cannot confer the jurisdiction on the Court and any order that is passed by the Court which is not having the jurisdiction is nullity. In that view of the matter, this Court is of the considered view that the Senior Civil Judge and JMFC, Kundgol, is not having jurisdiction to entertain the execution petition. 7. The second issue is pertaining to the order that is passed and in that regard, this Court is not inclined to go into that aspect as the order itself is going to be set aside by this Court as the Senior Civil Judge is lacking jurisdiction. It is always open to both the parties to raise all these grounds before the Junior Division Court with whom the jurisdiction is vested. Hence, this Court is passing the following: ORDER i. The order passed in I.A.No.2 in EX.No.9/2023 dated 17.10.2025 by the Senior Civil Judge and JMFC, Kundgol, is set aside. - 6 - HC-KAR NC: 2026:KHC-D:247 WP No. 108905 of 2025 ii. The Senior Civil Judge at JMFC, Kundgol is directed to transfer EX.No.9/2023 to the Junior Civil Judge and JMFC at Kundgol, within a period of 15 days from the date of receipt of copy of this order and the Executing Court shall consider this application as expeditiously as possible, but not later than 2 months. iii. Accordingly, the writ petition is allowed. iv. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI MEG CT: UMD List No.: 1 Sl No.: 21