IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.2141/2017 (GM-CPC) BETWEEN :
R.A.PRAKASH S/O LATE R.S.AMARENDRA, AGED ABOUT 48 YEARS, R/AT NO.22, 3RD CROSS, M.G.ROAD, K.R.EXTENSION, TUMKUR-572 101 ...PETITIONER (BY SRI R.PRAMOD, ADV.) AND :
1. SRI R.S.SURENDRA S/O LATE R.V.SURAPPA AGED ABOUT 83 YEARS, R/AT NO.582, 10TH MAIN, V BLOCK, JAYANAGAR, BANGALORE-560 070.
2. SRI R.S.MAHENDRA S/O LATE R.V.SURAPPA, DEAD, BY LRs.
2(a) R.D.SURESH @ MANJUNATH AGED ABOUT 69 YEARS, R/AT NO.10/4, 38TH CROSS, 25TH MAIN, IV BLOCK, JAYANAGAR, BANGALORE-560 070.
2(b) R.A.MANJUNATHA AGED ABOUT 63 YEARS 2(c) R.A.PRAKASH AGED ABOUT 60 YEARS 2(b) & 2(c) ARE THE S/O R.S.AMARENDRA H.NO.22, 3RD CROSS, K.R.EXTENSION, TUMKUR-572 101 3. R.S.DEVENDRA S/O LATE R.V.SURAPPA, DEAD, BY LRs.
3(a) SMT.NAGARATHNA W/O LATE R.S.DEVANDRA AGED ABOUT 89 YEARS 3(b) SMT.RATHNA BAI W/O LATE R.S.DEVANDRA, AGED ABOUT 93 YEARS 3(c) R.D.SURESH @ MANJUNATH S/O LATE R.S.DEVENDRA, AGED ABOUT 74 YEARS 3(d) R.D.AJITH S/O LATE R.S.DEVENDRA, AGED ABOUT 73 YEARS 3(e) R.D.SUNIL S/O LATE R.S.DEVENDRA, AGED ABOUT 71 YEARS 3(f) R.D.RAJESH S/O LATE R.S.DEVENDRA, AGED ABOUT 69 YEARS 3(a) TO 3(f) ARE R/AT NO.10/4, 38TH CROSS, 25TH MAIN, IV BLOCK, JAYANAGAR, BANGALORE-560 070.
4. R.A.MANJUNATH S/O LATE R.S.AMARENDRA, AGED ABOUT 52 YEARS, R/AT NO.22, 3RD CROSS, M.G.ROAD, K.R.EXTENSION, TUMKUR-572 101 5. SMT.JWALANAMMA W/O LATE R.S.AMARENDRA, AGED ABOUT 49 YEARS, R/AT NO.22, 3RD CROSS, M.G.ROAD, K.R.EXTENSION, TUMKUR-572 101 6. SUJATHA D/O LATE KAMALAMMA, W/O LATE NAGARAJU, AGED ABOUT 67 YEARS, R/AT NO.22/67, EAST ANJANEYA TEMPLE STREET, BASAVANAGUDI, BANGALORE-560 004.
7. Dr. MANJUNATH S/O LATE KAMALAMMA AGED ABOUT 64 YEARS, R/AT NO.204, 39TH CROSS, 9TH MAIN, 5TH BLOCK, JAYANAGAR, BANGALORE-560 011.
8. SHAKUNTALA D/O LATE KAMALAMMA, W/O NAGENDRA PRASAD, AGE ABOUT 61 YEARS, R/AT NO.91, 3RD CROSS, GAVIPURAM EXTENSION, BANGALORE-560 019.
9. VIJAYA D/O LATE KAMALAMMA, W/O SRIPHARAPATHI AGED ABOUT 57 YEARS, R/AT A.S.ENGINEERING WORKS, BEHIND GANGOTRI BUILDING, 8TH MILE STONE, DASARAHALLI, TUMKUR ROAD, BANGALORE-560 073.
10. K.B.BHARATESH S/O LATE KAMALAMMA, AGED ABOUT 44 YEARS, R/AT NO.204, 39TH CROSS, 9TH MAIN, 5TH BLOCK, JAYANAGAR, BANGALORE-560 011.
11. SAROJAMMA D/O R.V.SURAPPA, W/O H.N.RAYANNA, AGED ABOUT 89 YEARS, R/AT NO.126, SAIKRUPA, 9TH MAIN, KUVEMPU T.K.LAYOUT, KAMAKSHI HOSPITAL ROAD, MYSORE-570 001.
12. AJITH PRASAD S/O LATE SMT.VIJAYA, AGED ABOUT 58 YEARS, R/AT MAHAVEERA PETROL BUNK, NEAR CIVIL BUS STAND, TUMKUR-572 101 13. B.V.MANJUNATH S/O LATE SMT.VIJAYA, AGED ABOUT 56 YEARS, 1ST DIVISION CLERK, MANGALORE DAIRY, D.K.MILK UNION, KALASHEKARA MANGALORE-575 005 14. CHANDRA PRABHA S/O LATE SMT.VIJAYA, AGED ABOUT 54 YEARS, R/AT MANJUNATH NILAYA, BEHIND WATER TANK, VIDYANAGAR, TUMKUR-572 102 15. PRAMEELA D/O LATE R.V.SURAPPA, W/O DHARAMENRA HARDAS, R/AT HOUSE NO.75/65 JOVALUR NAGAR, RAICHUR-584 101 16. DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572 101 …RESPONDENTS (BY SRI R.S.PRASANNA KUMAR, ADV. FOR R-1; SRI SREEVATSA, SENIOR ADV. FOR SRI FREUD RICHARDSON, ADV. FOR R-2(a) & R-3(a-f); SRI M.S.RAJENDRA PRASAD, SENIOR ADV. FOR SMT.D.GEETHA, ADV. FOR R-4;
R-2 TO R-16 ARE DISPENSED WITH.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ON I.A. DATED 09.09.2016 PASSED BY THE COURT OF II ADDITIONAL CIVIL JUDGE (SENIOR DIVISION) AND JMFC AT TUMKUR IN O.S.NO.214/1995 VIDE ANNEXURE-G.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the order dated 09.09.2016 on I.A. passed by the II Addl. Senior Civil Judge & JMFC, Tumakuru, under Order 26 Rule 10-A of CPC r/w Section 45 of the Indian Evidence Act,1872 and Section 151 of CPC.
2. Considering the memo dated 02.02.2016 filed by the learned counsel for the petitioner, this Court by order dated 24.10.2017 dispensed notice to respondent Nos.2 to 16 at the risk of the petitioner.
3. Learned counsel Sri.R.Pramod appearing for the petitioner has field a memo submitting that the respondents/defendant Nos.5 to 16 were deleted in the suit proceedings of O.S.No.214/1995 before the II Addl. Senior Civil Judge & JMFC, Tumakuru and accordingly these respondents may kindly be deleted in this writ petition.
4. Memo is placed on record. Respondent Nos.5 to 16 are accordingly deleted at the risk of the petitioner.
5. Compromise petition is filed under Order 23 Rule 3 r/w Section 151 of CPC, 1908 by the petitioner, respondent Nos.1, 2(a) to (c), 3(a) to (f) and respondent No.4, which is duly signed by the respective parties along with their left thumb marks. Learned counsel for the parties have signed to the compromise petition and the parties are duly identified by their respective learned counsel. The parties who are present before the court submit that this compromise petition is signed on their own volition without there being any undue influence or force from anybody in any manner after the terms of the compromise petition have been fully explained and read over in the language known to them. The compromise being agreed between the parties indeed a family dispute being settled, there is no prohibition for this court to accept the same.
6. The compromise petition is placed on record and the writ petition stands dismissed in terms of the compromise petition.
7. The Registry shall transfer the compromise petition to the Trial Court along with the L.C.R in O.S.No.214/1995. The Trial Court shall draw the compromise decree after duly identifying the parties to the compromise petition, in accordance with law.
With the aforesaid observations, writ petition stands disposed of.
Sd/- JUDGE Dvr: