Tangevva W/O Bhimappa Yaradetti Vs Siddappa S/O… — Writ and Judicial Review | Karnataka HC (2025)

Tangevva W/O Bhimappa Yaradetti Vs Siddappa S/O… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in terms of the Joint Memorandum of Compromise dated 08.07.2025: respondents' Rs.2,00,000 placed as fixed deposit in the petitioner's sole name; petitioner not pressing reliefs and consenting to disposal; earlier compromise decree dated 02.09.2024 in O.S.No.229/2024 to be read along with the present compromise petition and run consonant with the fresh compromise; decree to be drawn accordingly.

Issue for consideration

Whether the order of compromise dated 02.09.2024 passed in O.S.229/2024 before the Lok Adalat at the Court of the Senior Civil Judge and JMFC, Raibag should be quashed by writ of certiorari, the petitioner having been described as dead and not made a party to that compromise. +1 more

Court's answer

The earlier compromise decree dated 02.09.2024 passed in O.S.No.229/2024 before the Lok-Adalat by the Senior Civil Judge and JMFC, Raibag shall be read along with the present compromise petition and run consonant with the Joint Memorandum of Compromise dated 08.07.2025, the petitioner having got Rs.2,00,000/- out of her share and having no objection to the earlier compromise.

Ratio / Principle

The writ petition is disposed of in terms of the Joint Memorandum of Compromise dated 08.07.2025 filed and executed before the Court.

Key takeaways

All parties, present before the Court, accepted the terms and conditions of the Joint Memorandum of Compromise voluntarily, without any force, coercion or ill-will, after understanding its contents in the language known to them.ratio¶60

Detailed headnote1 paragraphs

Writ Petition (GM-RES) No. 102844 of 2025, High Court of Karnataka, Dharwad Bench (Pradeep Singh Yerur, J.), decided 08.07.2025. Tangevva, an elderly home-maker who had been described as dead and omitted as a party to the compromise order dated 02.09.2024 passed in O.S.229/2024 before the Lok Adalat (Senior Civil Judge and JMFC, Raibag), moved the Court under Articles 226 and 227 of the Constitution for certiorari to quash that order. During the pendency of the petition, all parties executed a Joint Memorandum of Compromise dated 08.07.2025 under Order XXIII Rule 3 CPC read with Section 151 CPC, whereby the respondents agreed to deposit Rs.2,00,000 (Rupees Two Lakhs) as a fixed deposit in the petitioner's sole name in a nationalised bank of her choice (minimum three years, interest credited to her savings account), and the petitioner agreed not to press the reliefs and that no further claims or litigation would arise concerning O.S.229/2024 or the compromise decree therein. A bank statement evidencing transfer of Rs.2,00,000 to the petitioner on 27.03.2025 was produced as part of the memorandum. The Court, satisfied that all parties accepted the terms freely and without force, coercion or ill-will, disposed of the petition in terms of the fresh compromise and directed that the earlier compromise decree dated 02.09.2024 be read along with the present compromise petition and run consonant with it; decree to be drawn accordingly.

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IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 8^TH DAY OF JULY 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

WRIT PETITION NO. 102844 OF 2025 (GM-RES)

BETWEEN:

TANGEVVA W/O. BHIMAPPA YARADETTI, AGE: 65 YEARS, OCC: HOME MAKER, R/O. MUGALKHOD, TAL: RAIBAG, DIST: BELAGAVI-591235.

…PETITIONER

(BY SRI. SANTOSH A. BIRANAGI, ADVOCATE)

AND:

SIDDAPPA S/O. MAHADEV YARADETTI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. MUGALKHOD, TAL: RAIBAG, DIST: BELAGAVI-591235.

MAHADEV S/O. BHIMAPPA YARADETTI, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. MUGALKHOD, TAL: RAIBAG, DIST: BELAGAVI-591235.

VIJAYALAKSHMI M KANKUPPI

Digitally signed byVIJAYALAKSHMI MKANKUPPI Location: High Court ofKarnataka, Dharwad BenchDate: 2025.07.16 14:35:14+0530

MAHADEVI W/O. MAHADEV YARADETTI, AGE: 56 YEARS, OCC: HOME MAKER, R/O. MUGALKHOD, TAL: RAIBAG, DIST: BELAGAVI-591235.

JAYASHREE W/O. CHANDRASHEKHAR JIRALI, AGE: 29 YEARS, OCC: AGRICULTURE, R/O. MUGALKHOD, TAL: RAIBAG, DIST: BELAGAVI-591235.

SHIVANAND S/O. MAHADEV YARADETTI, AGE: 27 YEARS, OCC: AGRICULTURE, R/O. MUGALKHOD, TAL: RAIBAG, DIST: BELAGAVI-591235.

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SAVITRI W/O. SHRISHAIL YARADETTI, AGE: 61 YEARS, OCC: HOME MAKER, R/O. MUGALKHOD, TAL: RAIBAG, DIST: BELAGAVI-591235.

NAGAPPA S/O. MUTTAPPA HUKKERI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. MUGALKHOD, TAL: RAIBAG, DIST: BELAGAVI-591235.

SANGAPPA S/O. GURULING JAMBAGI, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. MUGALKHOD, TAL: RAIBAG, DIST: BELAGAVI-591235.

…RESPONDENTS

(BY SRI. BASAVARAJ MATHAPATI, ADVOCATE FOR R1-R8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

A. PASS AN ORDER/DIRECTIONS IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE ORDER OF COMPROMISE DATED 02.09.2024 IN LOK ADALAT AT THE COURT OF SR. CIVIL JUDGE AND JMFC RAIBAG IN O.S.229/2024 VIDE ORDER ANNEXURE-A THE ENDS OF JUSTICE AND EQUITY.

B. THE COST OF THE PETITION BE AWARDED.

C. PASS ANY OTHER ORDERS/DIRECTIONS WHICH THIS HON’BLE COURT DEEMS FIT MEETING THE ENDS OF JUSTICE.

D. PERMIT THE PETITIONER TO URGE ADDITIONAL GROUNDS AT THE TIME OF ADJUDICATION IF NECESSARY, MEETING THE ENDS OF JUSTICE.

THIS PETITION COMING ON ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

Learned counsel for the petitioner and learned

counsel for respondents are present along with parties to this proceedings i.e., plaintiffs and defendants including one Smt.Tangewwa, who was described to be dead in the original proceedings (O.S.No.229/2024).

Parties had already entered into a compromise in O.S.No.299/2024, which is now questioned by the petitioner-Smt.Tangewwa, who was not made as a party, but described as dead person. Hence, the petitioner is questioning the same before this Court.

During pendency of this petition, parties to the proceedings have once again entered into a compromise and have filed a Joint Memorandum of Compromise dated 08.07.2025 under Order-XXIII Rule-3 of CPC read with Section 151 the CPC. The parties to the proceedings do not have any objections for the same. The terms and conditions of the compromise are enumerated in Clause 4

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of the Joint Memorandum of Compromise dated

08.07.2025, which reads as under :

“4. That during the pendency of the above Writ Petition, the parties herein, upon mutual discussion and mediation, have amicably resolved their disputes and agreed to enter into this joint compromise with free will, without any force, fraud, coercion, or undue influence from any party on the following terms and conditions:

i. The Respondents herein agree to deposit a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) as Fixed Deposit in the name of the Petitioner, Smt. Tangevva W/o Bhimappa Yaradetti, in any nationalized bank of petitioner's choice within a period of four (4) weeks from the date of recording of this compromise.

ii. The said Fixed Deposit shall remain in the sole name of the Petitioner and shall be non-withdrawal by any other person. The Fixed Deposit shall be made for a minimum period of three (3) years with an option for renewal, and interest accrued shall be credited to the Petitioner's savings bank account.

iii. Upon fulfillment of the above condition, the Petitioner agrees not to press the reliefs sought in the present Writ Petition and consents for disposal of the same in terms of this compromise.

iv. The parties further agree that the compromise entered into between the parties shall be final and binding and that no further claims or litigation shall be initiated in respect of the subject matter of O.S. No.229/2024 or the compromise decree passed therein.”

The respondents herein together agreed to deposit

a sum of ₹2,00,000/- as fixed deposit in favour of the petitioner-Smt.Tangevva W/o.Bhimappa Yaradetti in the

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Nationalized Bank. Bank account statement for having transferred the amount of ₹2,00,000/- in favour of Smt.Tangevva W/o. Bhimappa Yaradetti is produced and shall part of the Joint Memorandum of Compromise. The said amount was transferred on 27.03.2025.

All parties are present before the Court. This Court enquired with the parties, they have accepted the terms and conditions of the Joint Memorandum of Compromise without any force, coercion or any ill-will and they have voluntarily affixed their signatures on the Joint Memorandum of Compromise after understanding the contents therein and having understood the same in the language known to them, in order to put an end to the litigation.

Respondents also submitted that they are taking care of the welfare of the petitioner-Smt.Tangevva W/o.

Bhimappa Yaradetti. Respondent No.1-Siddappa S/o.Mahadev Yaradetti submits that presently the

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petitioner is residing with him and he will take care of her welfare.

In view of the parties having entered into a compromise to settle the matter amicably and in view of petitioner having got Rs.2,00,000/- out of her share and

she would not have any objection in the earlier compromise dated 02.09.2024 executed between the parties in O.S.No.229/2024 before the Lok-Adalat, which shall run inconsonance with the Joint Memorandum of Compromise dated 08.07.2025. Hence, this petition requires to be disposed off in terms of the Joint Memorandum of Compromise dated 08.07.2025.

Accordingly, I pass the following :

ORDER

(i) Petition is disposed of in terms of the Joint

Memorandum of Compromise dated

08.07.2025 filed and executed today before this Court.

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(ii) The earlier Compromise Decree dated

02.09.2024 passed in O.S.No.229/2024 before

the Lok-Adalat by the Senior Civil Judge and JMFC, Raibag, which shall be read along with the present compromise petition in view of petitioner having got a share and she would not have any objection in the earlier compromise dated 02.09.2024 passed in O.S.No.229/2024 executed between the parties before the Lok-Adalat, which shall run inconsonance with the Joint Memorandum of Compromise dated 08.07.2025.

(iii) Ordered accordingly,

(iv) Draw decree accordingly.

Sd/(PRADEEP SINGH YERUR) JUDGE

CKK CT-MCK

List No.: 3 Sl No.: 7