Allowed

Smt. Mallavva W/O Mahadev Nigadi v. Shri Ningappa S/O Basavenappa Alias Basappa

Karnataka HC26 Oct 2023WP/102918/2022

Case brief

AI extract

What is this about?

In a writ petition challenging a compromise decree for fear of fraud, the parties filed a fresh compromise petition. The High Court of Karnataka allowed the petition and directed the registry to draw a decree based on the new compromise agreement.

What did the court decide?

The writ petition was allowed and the registry was directed to draw a decree based on the compromise petition dated 26.10.2023.

Smt. Mallavva W/O Mahadev Nigadi Vs Shri Ningappa S/O… — Partition | Karnataka HC (2023)

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NC: 2023:KHC-D:12543 WP No. 102918 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 26^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 102918 OF 2022 (GM-CPC)

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BETWEEN:

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SMT. MALLAVVA W/O. MAHADEV NIGADI, AGE: 48 YEARS, OCC: HOUSEHOLD WORK, R/O. KENCHARAMANAHALLI, POST: SANGARESHKOPPA, TQ: SAVADATTI, DIST: BELAGAVI-591226. (BY SRI S. L. MATTI, ADVOCATE)

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…PETITIONER

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AND:

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SHRI NINGAPPA S/O. BASAVENAPPA @ BASAPPA YADAVATTI , AGE: 68 YEARS, OCC: AGRICULTURIST, R/O: NANAGUNDIKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI-591104.

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…RESPONDENT

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(BY SRI C.S. NAGASHETTI, ADVOCATE)

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GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING A COMPROMISE DECREE DATED 14/08/2021 (DECREE WAS NOTIFIED ON 15/01/2022, DECREE SIGNED ON 11/01/2022) IN O.S. NO. 20/2021 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE BAILHONGAL VIDE ANENXURE-D.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2023:KHC-D:12543 WP No. 102918 of 2022

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ORDER

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The petitioner and respondent are sister and brother. O.S.No.20/2021 was filed by the petitioner herein for partition and separate possession of ancestral properties. The matter was referred to Lok Adalath and the same was compromised. However, on the ground that the respondent played fraud on the petitioner and made her to sign the compromise petition which she never intended to agree, the present writ petition is filed challenging the compromise decree made in O.S.NO.20/2021 before the Lok Adalath.

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The petitioner and respondent on the advice of the well wishers, have entered into a new compromise and the said compromise petition dated 26.10.2023 is filed, wherein the parties have agreed to divide the ancestral properties in the manner mentioned in the compromise petition.

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3 - NC: 2023:KHC-D:12543 WP No. 102918 of 2022

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The petitioner and respondent are present

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before the Court. They are duly identified by their respective advocates.

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The petitioner and the respondent are explained

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the terms of the compromise in kannada and they submit that they have agreed for the compromise as mentioned in the compromise petition.

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Hence the writ petition is allowed in terms of

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the compromise. Registry is directed to draw the decree accordingly.

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Sd/JUDGE

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gab CT-mck List No.: 1 Sl No.: 7

Smt. Mallavva W/O Mahadev Nigadi v. Shri Ningappa S/O Basavenappa Alias Basappa

Case brief

What is this about?

What did the court decide?

Smt. Mallavva W/O Mahadev Nigadi v. Shri Ningappa S/O Basavenappa Alias Basappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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