This disposal holds that a writ petition under Article 227 seeking recovery of a sum agreed under a compromise is not maintainable when the court has already drawn an executable final decree. The petitioner is directed to file an execution petition. Writ petition disposed.
None; writ petition disposed of with liberty to file execution petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.5525 OF 2022 (GM-CPC)
BETWEEN:
SMT.REVANNAMMA W/O LATE ESHWARAPPA D/O LATE CHANDAPPA AGED ABOUT 65 YEARS DANDURU VILLAGE SHIVANI HOBLI TARIKERE TALUK CHICKMAGALURU PIN CODE - 577549
...PETITIONER
(BY SRI.CHANDRASHEKAR REDDY K.P., ADVOCATE)
AND
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AGED ABOUT 69 YEARS NARANAPURA VILLAGE SHIVANI HOBLI TARIKERE TALUK CHICKMAGALURU PIN - 577549
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TARIKERE TALUK CHICKMAGALURU PIN - 577549
…..RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.43/2013, ON THE FILE OF THE HONBLE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC TARIKERE, CHICKMAGALURU DISTRICT AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by the present petitioner, who was arrayed as defendant No.6 before
the FDP Court in FDP No.4/2018.
proceedings, the petitioner and respondents resolved
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the matter amicably and the matter was referred to Lok-Adalath and before the Lok-Adalath, the petitioner and respondents have entered into compromise and in terms of the compromise, defendant No.1 has agreed
to pay a sum of Rs.4,00,000/- to the present petitioner and defendant Nos.5 and 7. The said undertaking given by defendant No.1 is found at clause-4 of the award. It would be useful for this Court to cull out the relevant paragraph.
"4). 5 jAzÀ 7£Éà JzÀÄgÀÄzÁgÀgÀÄ Cfð µÉqÀÆå¯ï ¸ÀévÀÄÛUÀ¼À°è AiÀiÁªÀÅzÉà »¸ÉìAiÀÄ£ÀÄß ¥ÀqÉzÀÄPÉƼÀîzÉà 1£Éà JzÀÄgÀÄzÁgÀjAzÀ vÀ¯Á gÀÆ.4,00,000/- (gÀÆ.£Á®ÄÌ ®PÀë) UÀ¼À£ÀÄß ¥ÀqÉzÀÄPÉÆAqÀÄ, vÀªÀÄä ºÀPÀÌ£ÀÄß 1£Éà JzÀÄgÀÄzÁgÀjUÉ ©lÄÖPÉÆnÖgÀÄvÁÛgÉ."
premise that respondent No.1 - defendant No.1 in terms of the compromise has failed to pay the amount. The petitioner is entitled for a sum of
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Rs.4,00,000/- from defendant No.1 and the petitioner
has accepted the terms and conditions of the compromise. This Court is of the view that the present writ petition is not at all maintainable in terms of the compromise petition. The FDP Court has drawn a final decree by holding that the present petitioner is entitled for a sum of Rs.4,00,000/- from respondent No.1 - defendant No.1. The said final decree is an executable decree. Merely because defendant No.1 has failed to pay the said amount as agreed under the compromise petition cannot be a ground to approach this Court under Article 227 of the Constitution of India. The final decree drawn in FDP No.4/2018 is an executable decree and therefore, the petitioner is at liberty to file execution petition and seek recovery.
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With the above observations, the writ petition
stands disposed of .
Sd/JUDGE
NBM
2 issues framed by the court
Whether a writ petition filed under Article 227 for recovery of compromise amount is maintainable when the matter has resulted in an executable final decree.
Whether non-payment of a sum under an amendment is a ground to approach the High Court under Article 227 instead of filing an execution petition.
1 provisions across 1 enactments
SMT.REVANNAMMA W/O LATE ESHWARAPPA
SRI.RUDRAPPA N.C
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
