IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION Nos.56351-56353 OF 2017 (GM-CPC) BETWEEN Jayaram Alva S/o. Late Nanda Alva Aged about 75 years, R/at Panjinadka, “Baleppu House”, Via Mulki, D.K.-574154.
(By Sri. G.Balakrishna Shastry, Advocate) AND 1. Subramanya Shetty, S/o. Late Bhaskar Shetty, Age: Major, R/at Mallarguthu, Kaup Village, Udupi Taluk & District. Pin-576101.
2. Smt. Pushpavathi, W/o. Late Jayakar Shetty, Age: Major.
3. Smt. Renuka, W/o. Late Ashok Shetty, Age: Major.
…Petitioner 4. Smt. Shafaly, D/o. Late Ashok Shetty, Age: Major.
R2 to R4 are residing at C/o. Shobha Shetty, Near Bus Stand Mulky, Mangalore Taluk, D.K.District-574154.
5. Raghava Shetty, W/o. Late Syama Shetty, Age: Major.
6. Smt. Mrudula Rai, W/o. Chandrahas Rai Age: Major.
7. Smt. Mamatha G. Alva W/o. Girish Alva, Age: Major.
8. Manjunath Shetty, S/o. Raghava Shetty, Age: Major.
R5 to R8 are residing at No.8/A, Indu Park, Bengaluru Road, Andheri Versova Road, Andheri (West) Mumbai-400053. Maharashtra.
9. B. Sanjeevi Shetty, S/o. Sundari Shedthi Age: Major, R/at No.103/A, Wing Apartment 140, Nagarbhavi Road, Bengaluru-560072.
10. B.B.Shetty, S/o. Sundari Shedthi, Age: Major, R/at New Medical Centre, P.B.No.7832, Dubai, UAE.
11. R.B.Shetty, S/o. Sundari Shedthi, Age: Major, R/at Alkaluj Insurance Company. A Datari Share Holder, Co. Hamad Avenue P.A.Box 4555, Doha Qatar.
12. Smt. Susheela J. Mudya W/o. Dr.Jayarama Mudya Age: Major, R/at Nadara House, Kotekar Post, Mangalore D.K.District-575022.
13. Smt. Preethi R. Shetty, D/o. Indu Shedthi, Age: Major, R/at No.5, Vaikunta 8th Road, Bindhi Society Chembur, Mumbai, Pin-400071.
14. Smt. Sunithi D/o. Indu Shedthi, Age: Major, R/at Nadar House, Kotekar post, Mangalore Taluk, D.K.District-575022.
15. Smt. Jyothi Anil, D/o. Indu Shedthi, Age:Major, R/at No.8-21, Lossum Society, Military Road, Maroli, Andheri (West) Mumbai-400049.
16. Smt. Neethi Hedge, D/o. Indu Shedthi, Age: Major, R/at No.503-A, National Park View-I, Abeja Estate, Kalubwad Road, Mumbai-400066.
17. Smt. Varija Shedthi, W/o. Late Bhaskar Shetty, Age: Major, R/at Mallar Guthu Kaup Village Udupi, Taluk & District-576101.
18. N.Shambu Shetty, S/o. Monu Shetty, Age: Major, R/at “Mohan Nivas”, Bappanadu Guthu, Mulky, Mangalore Taluk, D.K.District-574154.
19. Smt. Gulabhi Shetty, W/o. Late Prabhakar Shetty, Age:Major, R/at Rainbow Road, No.388, 10th Cross, Opp. Wipro, Bengaluru-560035.
20. Smt. Preethi Shetty, W/o. Madhukar Shetty Age: Major, R/at Rainbow Road, No.388, 10th Cross, Opp. Wipro, Bengaluru-560035.
(By Sri. K.Chandranath Ariga, Advocate) …Respondents These Writ Petitions are filed under Article 227 of the Constitution of India praying to quash the orders dated 23.09.2017, 09.10.2017, 13.11.2017 in Execution Case No.18/2017 on the file of Civil Judge and JMFC Moodbidri vide Annex-A and etc.
These Writ Petitions coming on for orders this day, the court made the following:
ORDER A compromise petition under Order XXIII Rule 1 of Civil Procedure Code has been filed. The writ petitioner- Jayaram Alva is present with his advocate Sri G.Balakrishna Shastry. The first respondent Subramanya Shetty is present. Today Sri K.Chandranath Ariga files his vakalath for other respondents; he has already filed vakalath for the first respondent-Sri Subramanya Shetty.
Respondents no. 2, 3 and 4 are present before the court. Respondent no.5-Raghava Shetty is represented by his GPA holder Manjunath R Shetty, GPA is produced. Respondent no.6 is present. Respondent no.7- Smt.Mamatha G.Alva is represented by her Power of Attorney Holder Manjunath R Shetty, GPA is produced. Respondent no.8-Manjunath Shetty is present. Respondent no.9-B.Sanjeevi Shetty is represented by his GPA holder B.Raghuveera Shetty, the power of attorney is also produced. Respondents no.10, 14, 15, 16 are represented by Power of Attorney Holder Mrs. Sunila J Mudya. Respondents 11, 12 and 13 are present. Respondent no.17-Varija Shedthi is said to be not alive. Her legal representative and son Sri Subramanya Shetty, i.e., respondent no.1 is present before the court. Respondent no.18 Shambu Shetty is represented by GPA holder Alva Naveenchandra who is present before the court, power of attorney is produced. Respondent no.19 is present. Respondent no.20 is represented by respondent no.19 in the capacity of power of attorney.
2. All the parties have signed this compromise petition. Their advocates have also signed this compromise petition. All the Powers of Attorney contain a clause authorizing the power of attorney holders for entering into the compromise.
3. The contents of the compromise petition are explained to the parties in Kannada language. They voluntarily submit that they are aware of this compromise petition. This compromise divides the properties into metes and bounds among the parties to this compromise petition.
4. Actually the parties must report the compromise in the court below where execution case is pending. The parties have come from far off places. Since the compromise puts an end to the execution proceeding, and results in satisfaction of the decree, as an exceptional case, this compromise can be accepted. But it is also made clear that if execution petition had not been filed, writ jurisdiction could not have been exercised. Therefore, the compromise is accepted. To avoid any complication, the registry is directed to send a copy of the compromise and this order to the Executing Court for recording satisfaction of the decree. The petitions stand disposed of accordingly.
Sd/- JUDGE ckl