SRI. RANGAIAH, vs SRI. NARASIMHAIAH,
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:54670
WP No. 20055 of 2025
CNR: KAHC010391192025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 1 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 20055 OF 2025 (GM-CPC)
BETWEEN:
1. SRI. RANGAIAH,
S/O LATE SRI.GANGAIAH,
AGED ABOUT 71 YEARS
2. SRI. RANGASWAMAIAH,
S/O LATE SRI. GANGAIAH,
AGED ABOUT 67 YEARS
3.
SRI. NARASIMHAMURTHY, G.,
S/O LATE SRI.GANGAIAH,
AGED ABOUT 62 YEARS,
4. SRI. SHIVAKUMAR,
S/O LATE SRI. CHIKKARANGAIAH,
AGED ABOUT 47 YEARS
5.
SRI. NAGARAJU,
S/O LATE SRI.CHIKKARANGAIAH,
AGED ABOUT 44 YEARS
6. SRI. SOMASHEKAR, M.R.
S/O SRI. RANGASWAMAIAH,
AGED ABOUT 34 YEARS
PETITIONER ARE R/AT
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
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WP No. 20055 of 2025
CNR: KAHC010391192025
MADAPATNA VILLAGE,
CHUNCHANAGUPPE POST,
TAVAREKERE HOBLI,
BENGALURU SOUTH TALUK.
…PETITIONERS
(BY SRI. N. SRIDHAR, ADVOCATE)
AND:
1. SRI. NARASIMHAIAH,
S/O LATE SRI. PAPANNA,
AGED ABOUT 75 YEARS
2. SRI. CHIKKANARASIMHAIAH @ CHINNI,
S/O LATE SRI. PAPANNA,
AGED ABOUT 66 YEARS
3. SMT. NEELAMMA,
D/O LATE SRI. PAPANNA,
AGED ABOUT 58 YEARS
R/AT KULUMEPALYA VILLAGE,
KEMPANAHALLI POST,
HUTHRIDURGA HOBLI,
KUNIGAL TALUK.
4. SMT. VANITHA, R.,
W/O LATE SRI. RAMAKRISHNA,
AGED ABOUT 49 YEARS
5. SRI. DILIP KUMAR,
S/O LATE SRI. RAMAKRISHNA,
AGED ABOUT 30 YEARS
6. SRI. CHETHAN KUMAR R,
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NC: 2026:KHC:54670
WP No. 20055 of 2025
CNR: KAHC010391192025
S/O LATE SRI. RAMAKRISHNA,
AGED ABOUT 26 YEARS
RESPONDENTS NO.1, 2, 4 TO 6 ARE
R/AT MADAPATNA VILLAGE,
CHUNCHANAGUPPE POST,
TAVAREKERE HOBLI,
BENGALURU SOUTH TALUK.
…RESPONDENTS
(BY SRI. GOPAMMA, ADVOCATE FOR R1 TO R6)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 24.04.2024 BY REJECTING THE COMPROMISE
PETITION DATED 14.12.2024 FILED BY THE PETITIONERS AND
RESPONDENTS UNDER ORDER 23 RULE 3 R/W SECTION 151
OF CPC IN OS NO. 824/2024 ON THE FILE OF ADDL. SENIOR
CIVIL JUDGE AND JMFC AT MAGADI VIDE ANNEXURE -A AND
ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
The present petition impugns the order dated
24.04.2024, whereby the Trial Court rejected the compromise
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HC-KAR
NC: 2026:KHC:54670
WP No. 20055 of 2025
CNR: KAHC010391192025
petition dated 14.12.2024 filed by the petitioners and
respondents under Order XXIII Rule 3 read with Section 151 of
the Code of Civil Procedure, 1908, in O.S. No.824/2024,
pending before the Additional Senior Civil Judge and JMFC,
Magadi.
2. The petitioner instituted the suit seeking a
declaration in respect of the suit schedule properties, relying
upon the registered partition deed and sale deeds. The Trial
Court rejected the compromise petition on the ground that a
suit seeking a declaration of title cannot be decreed merely on
the basis of a compromise.
3. Learned counsel appearing for the petitioner
submits that, when the right forming the basis of the relief
sought is established through the registered sale deed and
partition deed, the Trial Court committed an error in refusing to
accept the compromise merely on the basis of the revenue
entries.
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HC-KAR
NC: 2026:KHC:54670
WP No. 20055 of 2025
CNR: KAHC010391192025
3.1. It is further submitted that the respondents filed
their written statement and admitted the title of the petitioner
over the suit schedule properties.
4. Per contra, learned counsel appearing for the
respondents submits that the respondents have admitted the
alienation made in favour of the petitioner and the rights
subsisting in favour of the petitioners in respect of the suit
schedule properties. In view thereof, the parties agreed to the
compromise so as to have the suit decreed in terms thereof.
5. Considered the submissions made by the learned
counsel for the parties and perused the impugned order.
6. The suit is one for declaration of ownership in
respect of the suit schedule properties. While considering the
compromise petition filed under Order XXIII Rule 3 read with
Section 151 of the Code of Civil Procedure, 1908, in O.S.
No.824/2024, the Trial Court noticed that the plaintiff was
claiming title and possession over the suit schedule properties
on the basis of revenue documents, which, by themselves,
cannot be treated as documents of title.
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6.1. The Trial Court has further held that a declaration of
title cannot be granted unless the plaintiff establishes his title
before the Court, even if the defendants consent to such relief
by way of compromise.
6.2. This Court is of the view that the plaintiff is required
to establish and prove his title in order to seek a decree of
declaration before the Trial Court. Even if the defendants do not
oppose the prayer made in the suit, the burden continues to
remain upon the plaintiff to establish his title so as to enable
the Court to grant such a decree.
6.3. In the absence of prima facie material establishing
the title of the plaintiff, the compromise petition could not have
been accepted for the purpose of passing a decree of
declaration. The view taken by the Trial Court is, therefore,
justified.
6.4. While considering a compromise petition, the Court
is necessarily required to examine the nature of the issues
involved in the suit, the terms and nature of the compromise,
and the consequences flowing therefrom. If the Court is not
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NC: 2026:KHC:54670
WP No. 20055 of 2025
CNR: KAHC010391192025
satisfied that the compromise provides a lawful basis for
granting the relief sought in the suit, it is open to the Court to
decline to act upon such compromise.
7. The parties shall have an opportunity to establish
their respective cases in the course of the trial, which remains
open in the present case.
8. In view of the above, this Court finds no ground to
interfere with the impugned order. Accordingly, the petition is
dismissed.
Sd/-
(K. V. ARAVIND)
JUDGE
VN
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