Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16877 WP No. 22583 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22583 OF 2025 (GM-RES) BETWEEN:
SMT. GANGAMMA, W/O GIRIYAPPA, D/O. RANGAIAH@ TOTIRANGAIAH, AGED ABOUT 55 YEARS R/AT: TALAVADI VILLAGE, KOOTAGAL HOBLI, RAMNAGARA TALUK, RAMNAGARA DISTRICT- 562159 …PETITIONER (BY SRI. ANDANAPPA GURAPPA BALLOLLI.,ADVOCATE) AND:
1.
SRI. KAMBAIAH K R S/O LATE RANGAIAH @ TOTIRANGAIAH, AGED ABOUT 69 YEARS, R/AT. NO. 303, 2ND FLOOR, 1ST BLOCK, MAHAVEER HOMES, BANDE MILL, KOMMA GATTA ROAD, BANGALORE- 560060
2.
SRI. KRISHNA, S/O LATE RANGAIAH@ TOTIRANAGAIAH, AGED ABOUT 65 YEARS, R/AT NO. 2, 1ST FLOOR, SRINIVASANAGAR, SUNKADAKATTE, BANGALORE NORTH, BANGALORE-560091
Digitally signed by CHAITHRA A Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:16877 WP No. 22583 of 2025
3.
SRI. SHIVANANAJAIAH, S/O. LATE RANGAIAH @ TOTIRANAGAIAH, AGED ABOUT 65 YEARS, R/AT. KEMPANAHALLI VILLAGE, HULIYURDURGA HOBLI, KUNIGAL-572123
4.
SRI. NAGARAJ @ NAGA, S/O LATE K.R. HONNAIAH, DEAD, HID LRS
SMT. MANJULA.T W/O. NAGARAJ @ NAGA, AGED ABOUT 36 YEARS,
5.
KUMARI. DIVYASHREE. N D/O LATE. NAGARAJ @ NAGA, AGED ABOUT 12 YEARS, MINOR REPRESENTED BY NATURAL GUARDIAN BY NAME MANJULA.T WHO IS HER MOTHER.
R4 & R5 ARE R/AT NO.4174, 9TH CROSS, E BLOCK, RAJAJINAGAR, 2ND STAGE, BANGALORE NORTH, BANGALORE 56010.
6.
SMT. LAKSHAMMA W/O. SHIVANANJAIAH, AGED ABOUT 51 YEARS, R/AT KEMPANAHALLI VILLAGE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMAKUR DISTRICT- 572123.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT IN THE NATURE OF MANDAMUS OR CERTIORARI OR SET ASIDE THE COMPROMISE ORDER AND DECREE DT. 24/09/2024 PASSED IN O.S 419/2024 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC,
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HC-KAR NC: 2026:KHC:16877 WP No. 22583 of 2025
KUNIGAL, IN PURSUANCE OF COMPROMISE PETITION FILED BY THE PARTIES WHICH IS MARKED AS ANNEXURE- C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER The petitioner, who is the plaintiff, is assailing the compromise decree dated 24.09.2024 recorded by the Civil Court in O.S.No.419/2024.
2. On perusal of the records, it is noticed that the alleged compromise is not one recorded before the Lok Adalat. On the contrary, the compromise has been recorded by the competent Civil Court in which the suit was instituted, and a final decree has been drawn in terms of such compromise.
3. In view of the above, the petitioner–plaintiff has an efficacious and statutory remedy under Order XXIII Rule 3A of the Code of Civil Procedure, 1908, to question the compromise. The proper course for the petitioner is to
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HC-KAR NC: 2026:KHC:16877 WP No. 22583 of 2025
approach the very Court which has recorded the compromise and passed the decree.
4. In light of the availability of such an alternative remedy, this Court is of the considered opinion that the present writ petition is not maintainable. Accordingly, reserving liberty to the petitioner to avail appropriate remedy in accordance with law before the competent Civil Court, the writ petition stands
disposed of.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 4