The High Court dismissed a writ petition filed under Articles 226 and 227 challenging an order rejecting an application to set aside a compromise decree recorded by the Lok-Adalath, holding that the Civil Court lacked jurisdiction to quash such a decree.
The writ petition was dismissed; no relief was granted to the petitioners.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.114166 OF 2019 (GM-CPC)
BETWEEN:
MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR
AND:
…RESPONDENTS
(BY SRI.JAGADISH PATIL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY HON’BLE SENIOR CIVIL JUDGE AND JMFC COURT AT BADAMI IN O.S.NO.10/2011 ON I.A.NO.08 DATED 12.12.2018 AT ANNEXURE-J AND THEREBY RESTORE THE SUIT IN O.S.NO.10/2011 GIVING
OPPORTUNITY TO THESE PETITIONERS TO PUTFORTH THEIR DEFENCE.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by defendant Nos.1 to 3 assailing the order passed by the Court below on an application filed in I.A.No.VIII requesting the Court to set-aside the compromise decree and restore the suit on file.
3. Heard the learned counsel for the petitioners
and perused the material on record.
The captioned writ petition is liable to be dismissed on two counts.
record have made a statement that the contents of joint compromise petition are explained by them to their respective parties. The judicial member and conciliator on satisfaction have recorded a compromise. Therefore, I am not inclined to grant any relief.
AM/-. List No.: 1 Sl No.: 2.
Sd/JUDGE
1 issue framed by the court
Whether the High Court can exercise jurisdiction under Article 226 to quash a compromise decree recorded by the Lok-Adalath when the matter was originally referred by the Civil Court for conciliation.
Colour shows how this judgement treated each authority
State of Panjab and Another Vs Jalour Singh and OthersApplied¶40
State of Panjab and Another Vs Jalour Singh and Others reported in AIR 2008 SC 1209 · Who else cites this
2 provisions across 1 enactments
HANAMAVVA SUNNAL
SHIVAMMA ADAPATTI
NANDA ADAPATTI
LAKKAWWA SUNNAL
RATNA CHANDARGI
BASAVARAJ CHANDARGI
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
