Writ petition challenging a Lok Adalat compromise decree over survey land was disposed of on a fresh joint compromise under Order XXIII Rule 3 CPC, with a hand sketch of the agreed road layout, modifying the earlier compromise.
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 19TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 109801 OF 2016 (GM-CPC)
BETWEEN:
SRI. KHALEEL AHAMAD S/O. ALLABAKSH, AGE: MAJOR, OCC: BUSINESSMAN, R/AT: D.NO.8, WARD NO.24, R.K.M. BUILDING, BAHADUR STREET, C.B., BALLARI, REPRESENTED BY HIS POER OF ATTORNEY HOLDER, SRI. T. BABU PRAKASH, S/O. LATE T. VENKATSWAMY, AGED ABOUT: 57 YEARS, RESIDING OPP: BSAL FACTORY, ANANTAPUR ROAD, BISALAHALLI, BALLARI-583101.
…PETITIONER
(BY SRI. H.R. DESHPANDE, ADVOCATE)
AND:
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE COMPROMISE DECREE PASSED DATED 24.12.2005 AT ANNEXURE-'J' BY THE HON’BLE PRINCIPAL CIVIL JUDGE (SR.DN) AT:BALLARI AS ENTERED INTO BEFORE THE 39TH LOK ADALAT IN O.S.NO.344/2005 BY THE RESPONDENTS AND THE CONSEQUENT PROCEEDINGS THEREON; THE PETITIONER BE ALLOTTED HALF SHARE OF THE RESPONDENT NO.1 IN THE SCHEDULE PROPERTY SURVEY NO.33-A ABUTTING BALLARIANANTAPUR ROAD AND PUT HIM IN POSSESSION OF THE SAME IN THE EQUITABLE PARTITION AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
the western side is abandoned and the same is clearly disclosed in the compromise petition and the parties have
understood the terms of the compromise and rough sketch is also part of the compromise and hence the compromise petition is accepted.
and the respective counsels to identify their parties.
Sd/(H.P.SANDESH) JUDGE
SH CT-MCK List No.: 1 Sl No.: 32
2 provisions across 2 enactments
Khaleel Ahamad S/o Allabaksh
Dr. Raviprasad Challa
Challa Amarendranath Chowdary
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
