- 1 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 563 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 34935 OF 2025 (GM-CPC) WRIT PETITION NO. 35158 OF 2025 (GM-CPC) IN WP NO. 563/2026 BETWEEN: SMT. AMMAYYAMMA W/O LATE KRISHNAPPA AGED ABOUT 72 YEARS R/AT NO.11 AND 12, SY. NO.49 14TH CROSS, AMMA PASTRY BUILDING PUTTENHALLI MAIN ROAD NEAR STAR CONVENTION HALL J.P. NAGAR 7TH PHASE, BENGALURU-560 078. …PETITIONER (BY SRI. B SUBRAMANI, ADVOCATE) AND: SRI MURALI K SINCE DIED BY HIS LRS., 1. SMT. LAKSHMI W/O LATE MURALI K AGED ABOUT 46 YEARS R/AT NO.13/49, 14TH CROSS BEHIND SARVARE HOTEL PUTTENAHALLI JP NAGAR 7TH PHASE, BENGALURU -500 078. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 2. KUM. M. SAKSHI D/O LATE MURALI K. AGED ABOUT 14 YEARS R/AT NO.13/49, 14TH CROSS BEHIND SARVARE HOTEL PUTTENAHALLI, J P NAGAR 7TH PHASE BENGALURU -500 078. 3. SMT. KRUTHI M.L. D/O LATE MURALI K. AGED ABOUT 10 YEARS R/AT NO.13/49, 14THCROSS BEHIND SARVARE HOTEL PUTTENAHALLI, JP NAGAR 7TH PHASE BENGALURU -500 078. R2 & R3 ARE BEING MINORS REPTD. BY THEIR NATURAL GUARDIAN/MOTHER SMT. LAKSHMI R1. 4. SRI K. MUNIRAJU S/O SRI KRISHNAPPA AGED ABOUT 40 YEARS R/AT NO. 13/49, 14TH CROSS BEHIND SARVARE HOTEL PUTTENAHALLI JP NAGAR 7TH PHASE BENGALURU -500 078. 5. SRI NISCHITH M S/O MUNIRAJU K AGED ABOUT 14 YEARS R/ AT NO.13/49, 14TH CROSS BEHIND SARVARE HOTEL PUTTENAHALLI, JP NAGAR 7TH PHASE BENGALURU -500 078. 6. SRI. M. SAMARTH S/O MUNIRAJU K. AGED ABOUT 10 YEARS R/AT NO.13/49, 14TH CROSS BEHIND SARVARE HOTEL - 3 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 PUTTENAHALLI JP NAGAR 7TH PHASE BENGALURU -500 078. R5 & R6 ARE BEING MINORS REP. BY THEIR NATURAL GUARDIAN /FATHER SRI MUNIRAJU R4. 7. SRI. VENKATESH BABU N. S/O NARAYANASWAMY AGED ABOUT 47 YEARS R/AT K K AGRAHARA ANJANAPURA, BENGALURU 560 062. 8. SMT. KALPANA W/O VENKATESH BABU N AGED ABOUT 42 YEARS R/AT K.K. AGRAHARA ANJANAPURA, BENGALURU 560 062. …RESPONDENTS (BY SRI. SRINIVASA M L., ADVOCATE FOR R1 TO R3: SRI R VENKATESH, ADVOCATE FOR R7 & R8) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION, QUASHING THE LOK ADALAT AWARD AND COMPROMISE DECREE DATED 16.04.2025 PASSED IN COM O.S. NO. 1718/2024 VIDE ANNEXURE- D1, AS BEING VITIATED BY FRAUD, SUPPRESSION OF MATERIAL FACTS, AND NON- IMPLEADMENT OF THE PETITIONER, A NECESSARY AND CLASS-1 LEGAL HEIR OF THE DECEASED DEFENDANT AND ETC. IN WP NO. 34935/2025 BETWEEN: 1. SRI. K MUNIRAJU S/O. SRI KRISHNAPPA AGED ABOUT 40 YEARS R/AT NO. 13/49, 14TH CROSS - 4 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 BEHIND SARVARE HOTEL PUTTENAHALLI, J P NAGAR 7 PHASE BENGALURU -500 078. 2. SRI NISCHITH M S/O. MUNIRAJ K AGED ABOUT 14 YEARS R/AT NO. 13/49 CROSS 14TH CROSS, BEHIND SARVARE HOTEL PUTTENAHALLI, J P NAGAR 7 PHASE BENGALURU -500078. 3. SRI M. SAMARTH S/O. MUNIRAJ K AGED ABOUT 10 YEARS R/ AT 13/49 14TH CROSS BEHIND SARVARO HOTEL PUTTENAHALLI, J. P NAGAR 7 PHASE BENGALURU-560 078. PETITIONERS NO.2 AND 3 ARE MINORS REP. BY NATURAL GUARDIAN/FATHER SRI MUNIRAJU (PETITIONER NO.1) ...PETITIONERS (BY SRI. MITHUN G A., ADVOCATE) AND: 1. SRI. VENKATESH BABU N S/O. NARAYANASWAMY AGED ABOUT 47 YEARS R/AT K.K. AGRAHARA, ANJANAPURA BENGALURU - 560 062. 2. SMT. KALPANA W/O. VENKATESH BABU N. AGED ABOUT 42 YEARS R/AT K.K. AGRAHARA ANJANAPURA, BENGALURU - 560 062. - 5 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 SRI MURALI K. SINCE DIED BY HIS L.R'S 3. SMT. LAKSHMI W/O. LATE MURALI K AGED ABOUT 46 YEARS R/AT NO.13/49, 14TH CROSS BEHIND SARVARO HOTEL PUTTENAHALLI, J.P. NAGAR, 7TH PHASE BENGALURU -560 078. 4. KUM. M. SAKSHI D/O. SRI MURALI K. AGED ABOUT 14 YEARS R/ AT NO.13/49, 14TH CROSS BEHIND SARVARO HOTEL PUTTENAHALLI J.P. NAGAR 7 PHASE, BENGALURU - 560 078. 5. KUM. KRUTHI M.L. D/O. SRI MURALI K. AGED ABOUT 10 YEARS R/AT NO.13/49 14 CROSS BEHIND SARVARO HOTEL PUTTENAHALLI JP NAGAR 7 PHASE, BENGALURU-560 078. R4 AND R5 ARE MINORS, REP. BY NATURAL GUARDIAN/MOTHER SMT. LAKSHMI (R3) ...RESPONDENTS (BY SRI.R VENKATESH, ADVOCATE FOR R1 & R2: SRI SRINIVAS M L, ADVOCATE FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 29.10.2025 IN COM. EX. NO. 940/2025 PASSED BY THE LD. ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT AT BENGALURU (CCH-84), WHEREBY THE LD. EXECUTING COURT HAS ALLOWED IA NO.2 FILED BY THE RESPONDENTS HEREIN UNDER SECTION 151 OF CPC SEEKING THE COURT TO DEPOSIT BALANCE SALE CONSIDERATION OF - 6 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 RS. 7,92,00,000/- VIDE ANNEXURE A BY GRANTING EXTENSION OF TIME IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP NO. 35158/2025 BETWEEN: 1. SRI.K.MUNIRAJU S/O. SRI KRISHNAPPA AGED ABOUT 40 YEARS R/AT NO.13/49, 14TH CROSS BEHIND SARVARE HOTEL PUTTENAHALLI JP NAGAR 7 PHASE BENGALURU -500 078. 2. SRI NISCHITH M. S/O. MUNIRAJ K AGED ABOUT 14 YEARS R/AT NO. 13/49 CROSS 14TH CROSS, BEHIND SARVARE HOTEL PUTTENAHALLI, JP NAGAR 7 PHASE BENGALURU -500 078. 3. SRI M. SAMARTH S/O. MUNIRAJ K AGED ABOUT 10 YEARS R/AT 13/49 14TH CROSS BEHIND SARVARO HOTEL PUTTENAHALLI J. P NAGAR 7 PHASE BENGALURU 560 078. PETITIONER NOS. 2 & 3 ARE MINOR REPTD. BY NATURAL GUARDIAN/ FATHER SRI MUNIRAJU (PETITIONER NO.1) ...PETITIONERS (BY SRI. SRINIVASAIAH M., ADVOCATE) AND: 1. SRI.VENKATESH BABU N S/O. NARAYANASWAMY - 7 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 AGED ABOUT 47 YEARS R/AT K.K. AGRAHARA, ANJANAPURA BENGALURU 560 062. 2. SMT. KALPANA W/O. VENKATESH BABU N. AGED ABOUT 42 YEARS R/AT K.K. AGRAHARA, ANJANAPURA BENGALURU-560062. K. MURALI DIED BY HIS LRS 3. SMT. LAKSHMI W/O. LATE MURALI K AGED ABOUT 46 YEARS R/AT NO.13/49 14TH CROSS, BEHIND SARVARO HOTEL PUTTENAHALLI, J.P. NAGAR 7TH PHASE, BENGALURU -560 078. 4. KUM. M. SAKSHI D/O. SRI MURALI K. AGED ABOUT 14 YEARS R/ AT NO.13/49 14TH CROSS, BEHIND SARVARO HOTEL PUTTENAHALLI, J.P. NAGAR 7 PHASE BENGALURU - 560 078. 5. KUM. KRUTHI M.L. D/O. SRI MURALI K. AGED ABOUT 10 YEARS R/ AT NO.13/49, 14TH CROSS BEHIND SARVARO HOTEL PUTTENAHALLI JP NAGAR 7 PHASE BENGALURU - 560 078. R4 & R5 ARE MINORS REPTD. BY NATURAL GUARDIAN/MOTHER SMT. LAKSHMI (RESPONDENT NO.3) ...RESPONDENTS (BY SRI. R VENKATESH., ADVOCATE FOR C/R1 & R2) - 8 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 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 COMPROMISE DECREE DATED 16-04-2025 PASSED IN COM. O.S. NO.1718/2024 BY THE HON’BLE LXXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, COMMERCIAL COURT, BENGALURU (CCH-84), VIDE ANNEXURE-A AND B AS BEING ILLEGAL, OBTAINED BY FRAUD, COERCION, MISREPRESENTATION, AND IN VIOLATION OF STATUTORY PROVISIONS AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER The parties in these writ petitions have filed joint memos stating that pursuant to the decree passed in O.S.No.1718/2024 dated 16.04.2025, they have executed the sale deed. 2. The joint memos are taken on record. The same are extracted below: “IN W.P.No.563/2026: The petitioner and respondents begs to submit as under:- 1. The petitioner being aggrieved by the orders passed by commercial court at Bengaluru (CCH-84) dismissed the IA No.6 filed by the - 9 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 petitioner under order 21 rule 58 R/W section 47 and 151 of CPC in commercial Execution No.940/2025 has preferred this petition. 2. The husband of the petitioner by name one late Krishnappa, he had sons and daughters. Among them there was a registered partition dated 13/07/2002. In the said partition, the disputed property was fallen to the share of husband of the respondent No.1 and respondent No.4 jointly. Thus, they have become joint owners. 3. During lifetime of husband of respondent No.1 by name K. Murali and respondent No.4 for themselves and on behalf of their minor children have executed the sale agreement in favor of respondent Nos. 7 and 8 herein, on 28/06/2024. Since, respondent Nos. 1 to 6 have not complied said agreement the respondent Nos.7 and 8 herein filed commercial OS No. 1718/2024, the said suit was ended in compromise among the parties on 16/04/2025. 4. Since respondent Nos.1 to 6 have not complied terms of the compromise decree the respondent Nos. 7 and 8 have filed commercial execution No. 940/2025. In the said execution proceedings, the petitioner herein filed application under order 21 Rule 58 R/W Section 47 and 151 - 10 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 CPC to determine her right over the disputed property. The same came to be dismissed by the executing court on 29/10/2025, being aggrieved the present writ petition is filed. 5. It is further submitted that during his lifetime, the husband of Respondent No.3 executed a Will dated 18/09/2024 bequeathing his share in the disputed property in favour of Respondent Nos.3 to 5. Thus, they became absolute owners of one-half share in the disputed property. 6. After the filing of the present Writ Petition, Respondent Nos. 1 to 6 and including the petitioner have executed a registered Sale Deed dated 04/02/2026 before the Sub-Registrar, Jayanagar, which has been registered as Document No. JAY-1- 05589/2025-26. The petitioner as a confirming party has signed the said Sale Deed, acknowledging that she has no right, title, or interest in the disputed property. 7. In view of the above, the petitioner and respondents are filing this joint memo, in terms of the joint memo the parties are requesting this Hon'ble court to dispose of the present writ petition. Wherefore, the petitioner respondents most humbly prays that this Hon'ble court be pleased to - 11 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 accept the joint memo and dispose of the writ petition. “IN W.P.Nos.34935/2025 & 35158/2025: The petitioner and respondents above named most respectfully submit as follows:- 1. The Petitioner had filed the present Writ Petition challenging the order dated 29/10/2025 passed by the Commercial Court at Bengaluru (CCH-84) in Commercial Execution No.940/2025, whereby I.A. No.2 filed by the respondent 1 and 2 under section 151 of CPC seeking the court to deposit balance sale consideration of Rs. 7,92,00,000/- same was allowed. 2. It is submitted that the father of the Petitioner, late Krishnappa, had sons and daughters and under a registered Partition Deed dated 13/07/2002, the disputed property fell to the joint share of the husband of Respondent No.3 and petitioner No.1 herein, who became joint owners of the same. 3. During the lifetime of the husband of Respondent No.3, namely Sri K. Murali, he and petitioner No.1, for themselves and on behalf of their minor children, executed an Agreement of Sale dated 28/06/2024 in favour of Respondent Nos.1 and 2. On failure to comply with the terms of - 12 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 the agreement, Respondent Nos.1 and 2 filed Commercial O.S.No.1718/2024, which was disposed of by way of a compromise decree dated 16/04/2025. 4. Thereafter, Respondent Nos. 1 and 2 initiated Commercial Execution No.940/2025 for enforcement of the compromise decree. In the said execution proceedings, I.A. No.2 filed by the respondent 1 and 2 under section 151 of CPC seeking the court to deposit balance sale consideration of Rs. 7,92,00,000/- same was allowed on 29/10/2025, this is impugned in the present Writ Petition. 5. It is further submitted that during his lifetime, the husband of Respondent No.3 executed a Will dated 18/09/2024 bequeathing his share in the disputed property in favour of Respondent Nos.3 to 5. Thus, they became absolute owners of one-half share in the disputed property. 6. After filing of the present Writ Petition, Respondent Nos.3 to 5 and present writ petitioners including Ammayamma i.e., mother of the petitioner No.1 as a confirming parties have executed a registered Sale Deed dated 04/02/2026 before the Sub-Registrar, Jayanagar, which has been registered as Document No. JAY-1- - 13 - HC-KAR NC: 2026:KHC:13396 WP No. 563 of 2026 C/W WP No. 34935 of 2025 WP No. 35158 of 2025 05589/2025-26. The said confirming party signed the said Sale Deed and acknowledging that she has no right, title, or interest in the disputed property. 7. In view of the above, the petitioners and respondents are filing this joint memo, in terms of the joint memo the parties are requesting this Hon'ble court to disposed of the present writ petition. Wherefore, the petitioner respondents most humbly prays that this Hon'ble court be pleased to accept the joint memo and dispose of the writ petition.” 3. In view of the above, the writ petitions are disposed of in terms of the joint memos. In view of disposal of the main matter, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 55