Full Judgment Text
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WP No. 12647 of 2025
C/W WP No. 32292 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 21 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 12647 OF 2025 (GM-CPC)
C/W
WRIT PETITION NO. 32292 OF 2025 (GM-CPC)
IN WP No. 12647/2025
BETWEEN:
1. MR. MUKKARAM JAN
S/O. MR. AZAM JAN,
AGED ABOUT 60 YEARS,
R/AT. GF-1, CAVALCADE APARTMENTS,
NO.5, BENSON ROAD,
BENSON TOWN,
BENGALURU-560 046.
2. MRS. MISBAH JAN,
W/O. MUKKARAM JAN,
AGED ABOUT 54 YEARS,
R/AT. GF-1, CAVALCADE APARTMENTS,
NO.5, BENSON ROAD,
BENSON TOWN,
BENGALURU-560 046.
BOTH THE PETITIONER NO.1 AND 2 ARE
REPRESENTED BY THEIR SPA HOLDER
MR. KISHORE HOSAMANE.
…PETITIONERS
Digitally
signed by
MADHURI S
Location: High
Court of
Karnataka
(BY SRI.MANMOHAN P.N., ADVOCATE FOR
SRI. VINAY N., ADVOCATE)
AND:
1. SRI. K, RAMA
S/O. LATE B. KRISHNAPPA,
AGED ABOUT 46 YEARS,
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R/AT. NO.197, DIVINE CITY,
MG ROAD,
CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA.
2. SMT. KEMPAMMA,
W/O.LATE B KRISHNAPPA,
AGED ABOUT 74 YEARS,
3.
SRI. K. LAKSHMANA,
S/O. LATE B. KRISHNAPPA,
AGED ABOUT 46 YEARS
BOTH RESPONDENTS NO.2 AND 3 ARE
R/AT.GULYA VILLAGE,
THUBAGERE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU-561 205.
4. SRI. A RAGHUNATH REDDY,
S/O LATE RAGHAVA REDDY,
AGED ABOUT 54 YEARS,
R/AT.GERGIPALLI VILLAGE,
PUNGANUR TALUK,
CHITTOOR DISTRICT,
ANDHRA PRADESH- 517 247.
5.
SRI ABHILASH P S
S/O P. SRINIVAS REDDY,
AGED ABOUT 25 YEARS,
R/AT SHANTINAGAR,
DEVANAHALLI TOWN WARD NO.22,
KASABA HOBALI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT- 562 110.
6. SMT. ROOPA,
W/OK RAMA
AGED ABOUT 44 YEARS.
7. SRI VICKY R
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S/O K RAMU
AGED ABOUT 24 YEARS,
8. SMT. VIDYA
D/O K RAMA
AGED ABOUT 22 YEARS.
9.
SMT. HEMAVATHI,
W/O LAKSHMAN K
AGED ABOUT 41 YEARS
10.
SMT.VIKILA L
D/O LAKSHMAN K
AGED ABOUT 22 YEARS
11. SMT.VAISHNAVI L,
D/O LAKSHMAN K
AGED ABOUT 20 YEARS.
12. KUM.PRATIBHA G.L,
D/O. LAKSHMAN K,
AGED ABOUT 17 YEARS
MINOR REPRESENTED BY HER FATHER
K.LAKSHMANA,
S/O. LATE B.KRISHNAPPA
RESPONDENTS NO.6 TO 12 ARE
R/AT. GOOLYANANDIGUNDU VILLAGE,
THUBAGERE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU- 561 203.
…RESPONDENTS
( BY SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE
FOR R1 TO R3 AND R5;
PROPOSED R4,R6 TO R12 ARE SERVED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 14.12.2024 PASSED ON COMPROMISE PETITION FILED
UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE IN OS
NO.638/2024 PASSED IN LOK ADALATH (PRODUCED AS
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ANNEXURE-J) AND COMPROMISE DECREE DATED 20.12.2024
DRAWN BY THE COURT OF 1ST ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC AT DODDABALLAPUR IN OS NO.638/2024 (PRODUCED
AS ANNEXURE-K) AND CONSEQUENTLY REJECT THE
COMPROMISE PETITION IN OS NO.638/2024 (PRODUCED AS
ANNEXURE-H)
IN WP NO. 32292/2025
BETWEEN:
1. MR. MUKKARAM JAN
S/O. MR. AZAM JAN,
AGED ABOUT 60 YEARS,
R/AT. GF-1,
CAVALCADE APARTMENTS,
NO.5, BENSON ROAD,
BENSON TOWN,
BENGALURU- 560 046.
2. MRS. MISBAH JAN,
W/O. MUKKARAM JAN,
AGED ABOUT 54 YEARS,
R/AT. GF-1, CAVALCADE APARTMENTS,
NO.5, BENSON ROAD,
BENSON TOWN,
BENGALURU- 560 046.
REPRESENTED BY THEIR SPA HOLDER
MR. KISHORE HOSAMANE.
...PETITIONERS
(BY SRI. MANMOHAN P.N,ADVOCATE FOR
SRI. VINAY N.,ADVOCATE)
AND:
1. SMT KEMPAMMA
W/O. LATE B.KRISHNAPPA,
AGED ABOUT 74 YEARS,
R/AT. GULYA VILLAGE,
THUBAGERE HOBLI,
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DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU- 561 205.
2. SRI. K. RAMA
S/O. LATE B. KRISHNAPPA,
AGED ABOUT 46 YEARS,
R/AT. NO.197, DIVINE CITY,
M.G ROAD,
CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA- 562 101.
3. SRI. K. LAKSHMANA
S/O. LATE B. KRISHNAPPA
AGED ABOUT 46 YEARS,
R/AT. GULYA VILLAGE,
THUBAGERE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU- 561 205.
4. MR. A. RAGHUNATH REDDY
S/O. MR. RAGHAV REDDY,
AGED ABOUT 54 YEARS,
R/AT. GERIGIPALLI VILLAGE,
PUNGANOOR TALUK,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 247.
5. MR. ABHILASH P.S
S/O. MR. P. SRINIVAS REDDY,
AGED ABOUT 25 YEARS,
R/AT. SHANTHINAGAR,
DEVANAHALLI,
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALORE RURAL DISTRICT- 562 110.
...RESPONDENTS
(BY SRI.GANAPATHI BHAT VAJRALLI.,ADVOCATE FOR R1 TO
R3, R4-SERVED)
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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DTD. 25.09.2025 PASSED ON IA NO.1 PASSED BY THE COURT
OF SENIOR CIVIL JUDGE, DODDABALLAPURA PASSED IN
O.S.NO. 1375/2025 (PRODUCED AS ANNX-X).
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Since both the petitions are in relation to the same subject
matter and between the same parties, they are taken up together
for consideration by way of this common order.
2. In W.P.No.12647/2025, the petitioners seek the following
reliefs:
“(i) Set aside the order dated 14.12.2024 passed on
compromise petition filed under Order 23 Rule 3 of Code of Civil
Procedure in OS No.638/2024 passed in Lok Adalath (produced
as Annexure-‘J’) and compromise decree dated 20.12.2024 drawn
by the court of 1st Additional Senior Civil Judge at Doddaballapur
in OS No.638/2024 (produced as Annexure-‘K’) and consequently
reject the compromise petition in OS No.638/2024 (produced as
Annexure-‘H’)
(ii) Pass such other and further orders as deemed fit in the
facts and circumstances of the case and in the interest of justice
and equity.
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(iii) Issue Writ of Certiorari and quash the sale deed dated
05.05.2025 executed by the Respondent No.1 to 3 and
Respondetns No.6 to 12 in favour of the Respondent No.4 and 5
registered as Document No.1820/2025-26 in the office of the Sub-
Registrar, Devanahalli (produced as Annexure-N).”
3. In W.P.No.32292/2025, the petitioners seek the following
reliefs:
“(i) Set aside the order dated 25.09.2025 passed on IA
No.1 passed by the Court of Senior Civil Judge, Doddaballapura
passed in O.S.No.1375/2025 (produced as Annexure-X) and
(ii) Pass such other and further orders as deemed fit in the
facts and circumstances of the case and in the interest of justice
and equity.”
4. Heard both sides and perused the material on record.
5. A perusal of the material on record will indicate that
respondent No.1 in W.P.No.12647/2025 instituted a suit in
O.S.No.638/2024 against his mother, respondent No.2 and brother-
respondent No.3 for partition and separate possession of his
alleged share in the suit schedule immovable property and for other
reliefs. In the said suit, respondents Nos.1 to 3 filed a Joint
Compromise Petition, which culminated in a Lok Adalath award
dated 14.12.2024 and a Compromise Decree was drawn up on
20.12.2024. Subsequently, the petitioners herein claiming
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independent right, title, interest and possession over the suit
schedule property, which was the subject matter of the suit and the
Compromise Decree/Lok Adalath award filed an application under
Order 23 Rule 3A CPC seeking setting aside of the Compromise
Decree / Lok Adalath award, which was rejected by the Trial Court
vide order dated 05.04.2025. Under these circumstances, the
petitioner approached this Court by way of W.P.No.12647/2025, in
which this Court passed the following interim orders dated
29.04.2025 and 03.09.2025, which read as under:
“Heard.
Issue notice to the respondents.
Stay of order dated 14.12.2024 passed on
compromise petition in the Lok Adalath in O.S.No.638/2024
on the file of I Addl. Civil Judge and JMFC, Doddaballapura,
till the next date of hearing.”
“ The petitioners are before this Court calling in
question a compromise entered into between the parties in
OS No. 638 of 2024, whereby the property that is owned by
the present petitioners is made the suit schedule property in
a suit for partition long after the sale in their favour and the
matter is closed on entering into a compromise, whereby the
respondents gets the share of the property of which the
petitioners are the owners. All of this happened without the
petitioners being made a party to the proceedings. Therefore
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the petitioners have preferred the subject petition for
recalling the compromise entered into between the
respondents before the Lok Adalat.
The learned counsel for the petitioners Sri.
Manmohan P.N., submits that despite grant of an interim
order on 29.04.2025, the respondents have again sold the
property to third parties and therefore he has filed application
seeking to implead those third parties and the parties who
were responsible for the said sale as party respondents to
these proceedings. The impleading application, on the
aforesaid score, is therefore requires to be considered.
As observed hereinabove, the interim order was
granted on 29.04.2025 and the sale deed is entered into on
05.05.2025. Therefore, the sale is admittedly contrary to the
interim order that was granted. Be that as it may, after the
appearance of the impleading applicants, the issue whether
the respondents who have now sold the property in favour of
the purchasers is guilty of any contempt would be noticed.
In the light of the sale taking place after the interim
order, as also the act of the respondents as noticed
hereinabove, the present respondents or the other
impleading applicants who are now wanting to claim their
right over the sale that is made after the interim order, are
restrained from interfering with the possession of the
petitioners.
Issue emergent notice on I.A.No.1 of 2025 filed
seeking impleadment, returnable by 19.09.2025.
List the matter on 19.09.2025.”
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The interim order that is subsisting shall also continue
till the next date of hearing.”
6. Subsequently, respondent Nos.1 to 5 filed a suit in
O.S.No.1375/2025 on 25.09.2025 against the petitioners and other
defendants for declaration, permanent injunction and other reliefs
in relation to the very same suit schedule immovable property. In
the said suit, respondent Nos.1 to 5 filed two applications
Viz.,I.A.No.1 for temporary injunction restraining the defendants
from interfering with their alleged possession and enjoyment of the
suit schedule property and I.A.No.2 restraining the defendants from
alienating, encumbering, disposing of or creating third party rights
over the suit schedule property. By the impugned order dated
25.09.2025, the Trial Court has passed an ad interim exparte order
of temporary injunction on I.A.No.2, thereby directing the
petitioners and other defendants not to create third party rights over
the suit schedule property in any mode or manner, till the next date
of hearing, but directed issuance of suit summons and emergent
notice on I.A.No.1 for temporary injunction filed by the plaintiffs.
Aggrieved by the said ad interim exparte order of temporary
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injunction passed on I.A.No.1 dated 25.09.2025, the petitioners
have preferred W.P.No.32292/2025.
7. Learned counsel for the respondents on instructions
submits that since the petitioners are not parties to the
Compromise Decree / Lok Adalath Award 20.12.2024, which was
passed inter se between respondent Nos.1 to 3 i.e. Smt.
Kempamma and her two sons and the respondents do not have
any objection for the said compromise decree/ Lok Adalath Award
to be set aside and the matter may be remitted back to the Trial
Court for reconsideration of the said suit in O.S.No.638/2024,
afresh, by impleading/adding the petitioners as additional
defendant Nos.3 and 4 to the said suit, by leaving open all
contentions. It is also submitted that subsequent suit in
O.S.No.1375/2025 is pending before the Senior Civil Judge at
Doddballapura, the aforesaid suit in O.S.No.638/2024 may be
withdrawn from the Court of the I Additional Senior Civil Judge
Dodballapura and transferred to the Court of the Principal Senior
Civil Judge, Doddaballapur, to be clubbed, consolidated, tried and
disposed of along with O.S.No.1375/2025 and in accordance with
law and the Trial Court before whom O.S.No.1375/2025 is posted
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on 23.03.2025 may be directed to consider and pass appropriate
orders on I.A.Nos.1 and 2, in accordance with law, within a
stipulated time frame, by leaving open all contentions.
8. Per contra, by way of reply, learned counsel for the
petitioners submits that the Compromise Decree may be set aside
and the suit in O.S.No.638/2024 restored to the file of the I
Additional Senior Civil Judge at Doddablallapur and further directed
to be withdrawn from the said Court and to be transferred to the
court of the Principal Senior Civil Judge, Dodddaballapur, wherein
O.S.No.1375/2025 is pending and applications I.A.Nos.1 and 2
may be disposed of within a stipulated time frame, without being
influenced by any findings and observations recorded in the
present order and by leaving open all contentions.
9. In view of aforesaid facts and circumstances, I deem it
just and appropriate to allow W.P.No.12647/2025 and dispose of
W.P.No.32292/2025 by issuing certain directions.
10. In the result, I pass the following:
ORDER
(i) W.P.No.12647/2025 is hereby allowed.
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(ii) The impugned Lok Adalath Award dated 14.12.2024
and the consequent Compromise decree dated
20.12.2024 passed in O.S.No.678/2024 by the I
Additional Senior Civil Judge, Doddaballapur, is hereby
set aside.
(iii) The petitioners in both petitions are directed to be
impleaded as additional defendant Nos.3 and 4 in the
said suit in O.S.No.638/2024.
(iv) The suit in O.S.No.638/2024 is restored to the file of the
Trial Court.
(v) The registry of the Trial Court is directed to withdraw the
said O.S.No.638/2024 from the file of the I Additional
Senior Civil Judge, Doddaballapur and transfer the
same to the Court of the Principal Senior Civil judge,
Doddaballapur to be consolidated, clubbed, tried and
disposed of, together with O.S.No.1375/2025, in
accordance with law.
(vi) The parties shall appear before the Trial Court, i.e., the
Principal Senior Civil Judge, Doddaballapur, on
23.03.2024.
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(vii) W.P.No.32292/2025 is hereby disposed of.
(viii) The Trial Court, before whom the said suit
O.S.No.1375/2025 is said to be posted on 23.03.2025,
is directed to consider and pass appropriate orders on
IA Nos.1 and 2 filed in the said suit within a period one
month from 23.03.2026.
(ix) The petitioner is at liberty to file objections, written
statement, documents etc., in O.S.No.1375/2025 on
23.03.2025.
(x) It is further directed that till disposal of IA Nos.1 and 2 in
O.S.No.1375/2025, both parties are directed not to
alienate, encumber, dispose of or create third party
rights over the suit schedule property involved in both
O.S.Nos.638/2024 and 1375/2025.
(xi) The Trial Court is directed to dispose of I.A.Nos.1 and 2
without being influenced by findings and observations
recorded in the present order.
(xii) Except setting aside of the Compromise Decree / Lok
Adalath Award as sought for by the petitioners in
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W.P.No.12642/2025, the remaining prayers are not
dealt with for the purpose of the present order.
(xiii) It is further directed that without prejudice to the rights
and contentions of the parties, both parties shall
maintain status quo , in all respects as on today, in
relation to the suit schedule property, involved in both
O.S.Nos.638/2024 and 1375/2025, till disposal
I.A.Nos.1 and 2 in O.S.No.1375/2025, as stated supra .
(xiv) All rival contentions on all aspects of the matter are
kept/left open and no opinion is expressed on
merits/demerits of the rival contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC: List No.: 1 Sl No.: 29
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 21 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 12647 OF 2025 (GM-CPC)
C/W
WRIT PETITION NO. 32292 OF 2025 (GM-CPC)
IN WP No. 12647/2025
BETWEEN:
1. MR. MUKKARAM JAN
S/O. MR. AZAM JAN,
AGED ABOUT 60 YEARS,
R/AT. GF-1, CAVALCADE APARTMENTS,
NO.5, BENSON ROAD,
BENSON TOWN,
BENGALURU-560 046.
2. MRS. MISBAH JAN,
W/O. MUKKARAM JAN,
AGED ABOUT 54 YEARS,
R/AT. GF-1, CAVALCADE APARTMENTS,
NO.5, BENSON ROAD,
BENSON TOWN,
BENGALURU-560 046.
BOTH THE PETITIONER NO.1 AND 2 ARE
REPRESENTED BY THEIR SPA HOLDER
MR. KISHORE HOSAMANE.
…PETITIONERS
Digitally
signed by
MADHURI S
Location: High
Court of
Karnataka
(BY SRI.MANMOHAN P.N., ADVOCATE FOR
SRI. VINAY N., ADVOCATE)
AND:
1. SRI. K, RAMA
S/O. LATE B. KRISHNAPPA,
AGED ABOUT 46 YEARS,
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R/AT. NO.197, DIVINE CITY,
MG ROAD,
CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA.
2. SMT. KEMPAMMA,
W/O.LATE B KRISHNAPPA,
AGED ABOUT 74 YEARS,
3.
SRI. K. LAKSHMANA,
S/O. LATE B. KRISHNAPPA,
AGED ABOUT 46 YEARS
BOTH RESPONDENTS NO.2 AND 3 ARE
R/AT.GULYA VILLAGE,
THUBAGERE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU-561 205.
4. SRI. A RAGHUNATH REDDY,
S/O LATE RAGHAVA REDDY,
AGED ABOUT 54 YEARS,
R/AT.GERGIPALLI VILLAGE,
PUNGANUR TALUK,
CHITTOOR DISTRICT,
ANDHRA PRADESH- 517 247.
5.
SRI ABHILASH P S
S/O P. SRINIVAS REDDY,
AGED ABOUT 25 YEARS,
R/AT SHANTINAGAR,
DEVANAHALLI TOWN WARD NO.22,
KASABA HOBALI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT- 562 110.
6. SMT. ROOPA,
W/OK RAMA
AGED ABOUT 44 YEARS.
7. SRI VICKY R
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S/O K RAMU
AGED ABOUT 24 YEARS,
8. SMT. VIDYA
D/O K RAMA
AGED ABOUT 22 YEARS.
9.
SMT. HEMAVATHI,
W/O LAKSHMAN K
AGED ABOUT 41 YEARS
10.
SMT.VIKILA L
D/O LAKSHMAN K
AGED ABOUT 22 YEARS
11. SMT.VAISHNAVI L,
D/O LAKSHMAN K
AGED ABOUT 20 YEARS.
12. KUM.PRATIBHA G.L,
D/O. LAKSHMAN K,
AGED ABOUT 17 YEARS
MINOR REPRESENTED BY HER FATHER
K.LAKSHMANA,
S/O. LATE B.KRISHNAPPA
RESPONDENTS NO.6 TO 12 ARE
R/AT. GOOLYANANDIGUNDU VILLAGE,
THUBAGERE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU- 561 203.
…RESPONDENTS
( BY SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE
FOR R1 TO R3 AND R5;
PROPOSED R4,R6 TO R12 ARE SERVED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 14.12.2024 PASSED ON COMPROMISE PETITION FILED
UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE IN OS
NO.638/2024 PASSED IN LOK ADALATH (PRODUCED AS
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ANNEXURE-J) AND COMPROMISE DECREE DATED 20.12.2024
DRAWN BY THE COURT OF 1ST ADDITIONAL SENIOR CIVIL JUDGE
AND JMFC AT DODDABALLAPUR IN OS NO.638/2024 (PRODUCED
AS ANNEXURE-K) AND CONSEQUENTLY REJECT THE
COMPROMISE PETITION IN OS NO.638/2024 (PRODUCED AS
ANNEXURE-H)
IN WP NO. 32292/2025
BETWEEN:
1. MR. MUKKARAM JAN
S/O. MR. AZAM JAN,
AGED ABOUT 60 YEARS,
R/AT. GF-1,
CAVALCADE APARTMENTS,
NO.5, BENSON ROAD,
BENSON TOWN,
BENGALURU- 560 046.
2. MRS. MISBAH JAN,
W/O. MUKKARAM JAN,
AGED ABOUT 54 YEARS,
R/AT. GF-1, CAVALCADE APARTMENTS,
NO.5, BENSON ROAD,
BENSON TOWN,
BENGALURU- 560 046.
REPRESENTED BY THEIR SPA HOLDER
MR. KISHORE HOSAMANE.
...PETITIONERS
(BY SRI. MANMOHAN P.N,ADVOCATE FOR
SRI. VINAY N.,ADVOCATE)
AND:
1. SMT KEMPAMMA
W/O. LATE B.KRISHNAPPA,
AGED ABOUT 74 YEARS,
R/AT. GULYA VILLAGE,
THUBAGERE HOBLI,
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DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU- 561 205.
2. SRI. K. RAMA
S/O. LATE B. KRISHNAPPA,
AGED ABOUT 46 YEARS,
R/AT. NO.197, DIVINE CITY,
M.G ROAD,
CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA- 562 101.
3. SRI. K. LAKSHMANA
S/O. LATE B. KRISHNAPPA
AGED ABOUT 46 YEARS,
R/AT. GULYA VILLAGE,
THUBAGERE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU- 561 205.
4. MR. A. RAGHUNATH REDDY
S/O. MR. RAGHAV REDDY,
AGED ABOUT 54 YEARS,
R/AT. GERIGIPALLI VILLAGE,
PUNGANOOR TALUK,
CHITTOOR DISTRICT,
ANDHRA PRADESH-517 247.
5. MR. ABHILASH P.S
S/O. MR. P. SRINIVAS REDDY,
AGED ABOUT 25 YEARS,
R/AT. SHANTHINAGAR,
DEVANAHALLI,
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALORE RURAL DISTRICT- 562 110.
...RESPONDENTS
(BY SRI.GANAPATHI BHAT VAJRALLI.,ADVOCATE FOR R1 TO
R3, R4-SERVED)
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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DTD. 25.09.2025 PASSED ON IA NO.1 PASSED BY THE COURT
OF SENIOR CIVIL JUDGE, DODDABALLAPURA PASSED IN
O.S.NO. 1375/2025 (PRODUCED AS ANNX-X).
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Since both the petitions are in relation to the same subject
matter and between the same parties, they are taken up together
for consideration by way of this common order.
2. In W.P.No.12647/2025, the petitioners seek the following
reliefs:
“(i) Set aside the order dated 14.12.2024 passed on
compromise petition filed under Order 23 Rule 3 of Code of Civil
Procedure in OS No.638/2024 passed in Lok Adalath (produced
as Annexure-‘J’) and compromise decree dated 20.12.2024 drawn
by the court of 1st Additional Senior Civil Judge at Doddaballapur
in OS No.638/2024 (produced as Annexure-‘K’) and consequently
reject the compromise petition in OS No.638/2024 (produced as
Annexure-‘H’)
(ii) Pass such other and further orders as deemed fit in the
facts and circumstances of the case and in the interest of justice
and equity.
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(iii) Issue Writ of Certiorari and quash the sale deed dated
05.05.2025 executed by the Respondent No.1 to 3 and
Respondetns No.6 to 12 in favour of the Respondent No.4 and 5
registered as Document No.1820/2025-26 in the office of the Sub-
Registrar, Devanahalli (produced as Annexure-N).”
3. In W.P.No.32292/2025, the petitioners seek the following
reliefs:
“(i) Set aside the order dated 25.09.2025 passed on IA
No.1 passed by the Court of Senior Civil Judge, Doddaballapura
passed in O.S.No.1375/2025 (produced as Annexure-X) and
(ii) Pass such other and further orders as deemed fit in the
facts and circumstances of the case and in the interest of justice
and equity.”
4. Heard both sides and perused the material on record.
5. A perusal of the material on record will indicate that
respondent No.1 in W.P.No.12647/2025 instituted a suit in
O.S.No.638/2024 against his mother, respondent No.2 and brother-
respondent No.3 for partition and separate possession of his
alleged share in the suit schedule immovable property and for other
reliefs. In the said suit, respondents Nos.1 to 3 filed a Joint
Compromise Petition, which culminated in a Lok Adalath award
dated 14.12.2024 and a Compromise Decree was drawn up on
20.12.2024. Subsequently, the petitioners herein claiming
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independent right, title, interest and possession over the suit
schedule property, which was the subject matter of the suit and the
Compromise Decree/Lok Adalath award filed an application under
Order 23 Rule 3A CPC seeking setting aside of the Compromise
Decree / Lok Adalath award, which was rejected by the Trial Court
vide order dated 05.04.2025. Under these circumstances, the
petitioner approached this Court by way of W.P.No.12647/2025, in
which this Court passed the following interim orders dated
29.04.2025 and 03.09.2025, which read as under:
“Heard.
Issue notice to the respondents.
Stay of order dated 14.12.2024 passed on
compromise petition in the Lok Adalath in O.S.No.638/2024
on the file of I Addl. Civil Judge and JMFC, Doddaballapura,
till the next date of hearing.”
“ The petitioners are before this Court calling in
question a compromise entered into between the parties in
OS No. 638 of 2024, whereby the property that is owned by
the present petitioners is made the suit schedule property in
a suit for partition long after the sale in their favour and the
matter is closed on entering into a compromise, whereby the
respondents gets the share of the property of which the
petitioners are the owners. All of this happened without the
petitioners being made a party to the proceedings. Therefore
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the petitioners have preferred the subject petition for
recalling the compromise entered into between the
respondents before the Lok Adalat.
The learned counsel for the petitioners Sri.
Manmohan P.N., submits that despite grant of an interim
order on 29.04.2025, the respondents have again sold the
property to third parties and therefore he has filed application
seeking to implead those third parties and the parties who
were responsible for the said sale as party respondents to
these proceedings. The impleading application, on the
aforesaid score, is therefore requires to be considered.
As observed hereinabove, the interim order was
granted on 29.04.2025 and the sale deed is entered into on
05.05.2025. Therefore, the sale is admittedly contrary to the
interim order that was granted. Be that as it may, after the
appearance of the impleading applicants, the issue whether
the respondents who have now sold the property in favour of
the purchasers is guilty of any contempt would be noticed.
In the light of the sale taking place after the interim
order, as also the act of the respondents as noticed
hereinabove, the present respondents or the other
impleading applicants who are now wanting to claim their
right over the sale that is made after the interim order, are
restrained from interfering with the possession of the
petitioners.
Issue emergent notice on I.A.No.1 of 2025 filed
seeking impleadment, returnable by 19.09.2025.
List the matter on 19.09.2025.”
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The interim order that is subsisting shall also continue
till the next date of hearing.”
6. Subsequently, respondent Nos.1 to 5 filed a suit in
O.S.No.1375/2025 on 25.09.2025 against the petitioners and other
defendants for declaration, permanent injunction and other reliefs
in relation to the very same suit schedule immovable property. In
the said suit, respondent Nos.1 to 5 filed two applications
Viz.,I.A.No.1 for temporary injunction restraining the defendants
from interfering with their alleged possession and enjoyment of the
suit schedule property and I.A.No.2 restraining the defendants from
alienating, encumbering, disposing of or creating third party rights
over the suit schedule property. By the impugned order dated
25.09.2025, the Trial Court has passed an ad interim exparte order
of temporary injunction on I.A.No.2, thereby directing the
petitioners and other defendants not to create third party rights over
the suit schedule property in any mode or manner, till the next date
of hearing, but directed issuance of suit summons and emergent
notice on I.A.No.1 for temporary injunction filed by the plaintiffs.
Aggrieved by the said ad interim exparte order of temporary
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injunction passed on I.A.No.1 dated 25.09.2025, the petitioners
have preferred W.P.No.32292/2025.
7. Learned counsel for the respondents on instructions
submits that since the petitioners are not parties to the
Compromise Decree / Lok Adalath Award 20.12.2024, which was
passed inter se between respondent Nos.1 to 3 i.e. Smt.
Kempamma and her two sons and the respondents do not have
any objection for the said compromise decree/ Lok Adalath Award
to be set aside and the matter may be remitted back to the Trial
Court for reconsideration of the said suit in O.S.No.638/2024,
afresh, by impleading/adding the petitioners as additional
defendant Nos.3 and 4 to the said suit, by leaving open all
contentions. It is also submitted that subsequent suit in
O.S.No.1375/2025 is pending before the Senior Civil Judge at
Doddballapura, the aforesaid suit in O.S.No.638/2024 may be
withdrawn from the Court of the I Additional Senior Civil Judge
Dodballapura and transferred to the Court of the Principal Senior
Civil Judge, Doddaballapur, to be clubbed, consolidated, tried and
disposed of along with O.S.No.1375/2025 and in accordance with
law and the Trial Court before whom O.S.No.1375/2025 is posted
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on 23.03.2025 may be directed to consider and pass appropriate
orders on I.A.Nos.1 and 2, in accordance with law, within a
stipulated time frame, by leaving open all contentions.
8. Per contra, by way of reply, learned counsel for the
petitioners submits that the Compromise Decree may be set aside
and the suit in O.S.No.638/2024 restored to the file of the I
Additional Senior Civil Judge at Doddablallapur and further directed
to be withdrawn from the said Court and to be transferred to the
court of the Principal Senior Civil Judge, Dodddaballapur, wherein
O.S.No.1375/2025 is pending and applications I.A.Nos.1 and 2
may be disposed of within a stipulated time frame, without being
influenced by any findings and observations recorded in the
present order and by leaving open all contentions.
9. In view of aforesaid facts and circumstances, I deem it
just and appropriate to allow W.P.No.12647/2025 and dispose of
W.P.No.32292/2025 by issuing certain directions.
10. In the result, I pass the following:
ORDER
(i) W.P.No.12647/2025 is hereby allowed.
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(ii) The impugned Lok Adalath Award dated 14.12.2024
and the consequent Compromise decree dated
20.12.2024 passed in O.S.No.678/2024 by the I
Additional Senior Civil Judge, Doddaballapur, is hereby
set aside.
(iii) The petitioners in both petitions are directed to be
impleaded as additional defendant Nos.3 and 4 in the
said suit in O.S.No.638/2024.
(iv) The suit in O.S.No.638/2024 is restored to the file of the
Trial Court.
(v) The registry of the Trial Court is directed to withdraw the
said O.S.No.638/2024 from the file of the I Additional
Senior Civil Judge, Doddaballapur and transfer the
same to the Court of the Principal Senior Civil judge,
Doddaballapur to be consolidated, clubbed, tried and
disposed of, together with O.S.No.1375/2025, in
accordance with law.
(vi) The parties shall appear before the Trial Court, i.e., the
Principal Senior Civil Judge, Doddaballapur, on
23.03.2024.
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(vii) W.P.No.32292/2025 is hereby disposed of.
(viii) The Trial Court, before whom the said suit
O.S.No.1375/2025 is said to be posted on 23.03.2025,
is directed to consider and pass appropriate orders on
IA Nos.1 and 2 filed in the said suit within a period one
month from 23.03.2026.
(ix) The petitioner is at liberty to file objections, written
statement, documents etc., in O.S.No.1375/2025 on
23.03.2025.
(x) It is further directed that till disposal of IA Nos.1 and 2 in
O.S.No.1375/2025, both parties are directed not to
alienate, encumber, dispose of or create third party
rights over the suit schedule property involved in both
O.S.Nos.638/2024 and 1375/2025.
(xi) The Trial Court is directed to dispose of I.A.Nos.1 and 2
without being influenced by findings and observations
recorded in the present order.
(xii) Except setting aside of the Compromise Decree / Lok
Adalath Award as sought for by the petitioners in
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W.P.No.12642/2025, the remaining prayers are not
dealt with for the purpose of the present order.
(xiii) It is further directed that without prejudice to the rights
and contentions of the parties, both parties shall
maintain status quo , in all respects as on today, in
relation to the suit schedule property, involved in both
O.S.Nos.638/2024 and 1375/2025, till disposal
I.A.Nos.1 and 2 in O.S.No.1375/2025, as stated supra .
(xiv) All rival contentions on all aspects of the matter are
kept/left open and no opinion is expressed on
merits/demerits of the rival contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC: List No.: 1 Sl No.: 29