Smt Manjula W/O Shekappa Garagad Alias Dalavai v. Basavaneeppa S/O Madivalappa Garag Alias Janti
Case brief
What is this about?
High Court of Karnataka, Dharwad Bench; NC: 2025:KHC-D:8709; WP No. 102052 of 2025 (GM-CPC); decided 14.07.2025 by Pradeep Singh Yerur, J. Certiorari under Articles 226/227 against refusal to accept a compromise petition in a partition suit (O.S.No.74/2024, Dharwad). Key terms: compromise petition dated 03.04.2024; impleadment of KIADB as defendant No.19 under Order I Rule 10 CPC; KIADB acquisition notification dated 06.04.2023; apportionment of acquisition compensation to defendants Nos.11 to 14, legal heirs of agreement holder Shekayya Garagad; non-signing/non-appearance of impleaded defendant not fatal to acceptance of compromise; impugned order dated 11.02.2025 set aside; trial court directed to draw up compromise and dispose of suit according to law. No precedents cited; no monetary quantum stated.
What did the court decide?
Impugned order dated 11.02.2025 passed by the III Additional Senior Civil Judge and CJM, Dharwad in O.S.No.74/2024 set aside; the learned Judge directed to accept the compromise petition dated 03.04.2024 (signed by all parties) and dispose of the matter in accordance with law.