IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H.G.RAMESH WRIT PETITION NO.41513/2014 (GM-CPC) BETWEEN:
SRI KAMAL PASHA S/O LATE ABDUL KAYUM AGED ABOUT 43 YEARS AGRICULTURIST R/AT KENDATTI VILLAGE VOKKALERI HOBLI ARABHIKOTHANUR POST KOLAR DISTRICT– 563 133 ... PETITIONER (BY SRI DAYALU K.N, ADVOCATE) AND:
1. SMT. RADHAMMA D/O M.UTHANALLAPPA AGED ABOUT 28 YEARS 2. SRI K.H.MUNIRAJU S/O M.UTHANALLAPPA AGED ABOUT 30 YEARS 3. SMT. SUMITHRAMMA D/O M.UTHANALLAPPA AGED ABOUT 26 YEARS 4. MISS SAVITHA D/O M.UTHANALLAPPA AGED ABOUT 21 YEARS 5. LOKESH S/O M.UTHANALLAPPA AGED ABOUT 21 YEARS 6. MISS GIRIJAMMA D/O M.UTHANALLAPPA AGED ABOUT 22 YEARS R1 TO R6 ARE R/AT KENDATTI VILLAGE VOKKALERI HOBLI ARBHIKOTHANUR POST KOLAR DISTRICT– 563 133 7. BAYYAMMA W/O LATE MUNISHAMAPPA SINCE DEAD BY HER LRs.
7(a) SMT. VENKATAMMA D/O LATE MUNISHAMAPPA & LATE BAYYAMMA AGED ABOUT 68 YEARS 7(b) SMT. RATHNAMMA D/O LATE MUNISHAMAPPA & LATE BAYYAMMA AGED ABOUT 66 YEARS 7(c) SMT. LAKSHMAMMA D/O LATE MUNISHAMAPPA & LATE BAYYAMMA AGED ABOUT 62 YEARS R7(a) TO R7(c) ARE R/AT KENDATTI VILLAGE VOKKALERI HOBLI ARABHIKOTHANUR POST KOLAR DISTRICT-563 133 8. M.YELLAMMA W/O LATE VENKATARAMANAPPA SINCE DEAD BY HER LRs.
8(a) SRI B.V.NARAYANA SWAMY S/O LATE VENKATARAMANAPPA & LATE YELLAMMA AGED ABOUT 49 YEARS 8(b) SRI B.V.NAGARAJA S/O LATE VENKATARAMANAPPA & LATE YELLAMMA AGED ABOUT 49 YEARS R8(a) & R8(b) ARE R/AT BUSSANAHALLI VILLAGE SUGUTUR HOBLI KOLAR TALUK & DISTRICT– 563 101 8(c) SRI B.V.RAMASWAMY S/O LATE VENKATARAMANAPPA & LATE YELLAMMA SINCE DEAD BY HIS LRs.
8(c)(i) SMT. SARASWATHAMMA W/O LATE B.V.RAMASWAMY AGED ABOUT 38 YEARS 8(c)(ii) MASTER CHARANA S/O LATE B.V.RAMASWAMY AGED ABOUT 15 YEARS 8(c)(iii) MASTER CHANDU S/O LATE B.V.RAMASWAMY AGED ABOUT 10 YEARS R8(c)(ii) & R8(iii) ARE MINORS REPRESENTED BY THEIR MOTHER/ NATURAL GUARDIAN SMT. SARASWATHAMMA R/AT BUSSANAHALLI VILLAGE SUGUTUR HOBLI KOLAR TALUK & DISTRICT– 563 101 8(d) SMT. CHOWDAMMA D/O LATE VENKATARAMANAPPA & LATE YELLAMMA SINCE DEAD BY HER LRs.
8(d)(i) SMT. MANJU D/O LATE CHOWDAMMA AGED ABOUT 35 YEARS 8(d)(ii) AMARA D/O LATE CHOWDAMMA AGED ABOUT 33 YEARS 8(d)(iii) ARUNA D/O LATE CHOWDAMMA AGED ABOUT 32 YEARS R8(d)(i) TO R8(d)(iii) ARE R/AT MUDDAKHALLI POST SHIVARPATNA MALUR TALUK KOLAR DISTRICT – 563 130 9. M.UTHANALLAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 55 YEARS KENDATTI VILLAGE VOKKALERI HOBLI KOLAR DISTRICT–563 133 ... RESPONDENTS (BY SRI BHADRINATH.R, ADVOCATE FOR R1 TO R6, R7(b), R7(c), R8(a) R8(b) & R8(c)(i) & R9; R8(c)(ii) & R8(c)(iii) ARE MINORS;
R7(a), R8(d)(i), R8(d)(ii) & R8(d)(iii) ARE SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPROMISE DECREE DATED 03.12.2004 (ANNEXURES-P & S) PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE, KOLAR IN O.S.NO.102/2004 ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R H.G.RAMESH, J. (Oral):
1. Heard the learned Counsel for the parties and perused the record.
2. Sri Dayalu K.N., learned Counsel appearing for the petitioner and Sri Bhadrinath R., learned Counsel appearing for respondent Nos.1 to 6, 7(b) & 7(c), 8(a), 8(b), 8(c)(i) & 9 jointly submit that the impugned order dated 03.12.2004 and the draft decree dated 03.12.2004 (wrongly stated as 2003) passed in the suit in OS.No.102/2004 are liable to be set aside and the matter requires to be reconsidered by the trial Court. Having regard to the facts of the case, I accept the joint submission made by the learned Counsel for the parties and accordingly, make the following order:
The impugned order dated 03.12.2004 and the draft decree dated 03.12.2004 (wrongly stated as 2003) passed in the suit in OS.No.102/2004 are set aside. The matter is remitted to the trial Court for reconsideration in accordance with law after affording an opportunity of hearing to the petitioner. All contentions of both the parties are kept open.
Petition disposed of.
Sd/- JUDGE LB