N Shivakumar Vs Shivananjegowda

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NC: 2025:KHC:16072 WP No. 22376 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22376 OF 2022 (GM-CPC)

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BETWEEN:

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N SHIVAKUMAR AGED 48 YEARS, S/O M R NANJAPPA, R/AT MAHADEVARAHALLI VILLAGE, DUDDA HOBLI, HASSAN TALUK – 573 118 WORKING AT N SHIVAKUMAR, MANAGER, RELIANCE LIFE INSURANCE CO. LTD., KRUTHIKA ARCADE, H N PURA ROAD, N R CIRCLE, HASSAN – 573 201.

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…PETITIONER

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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(BY SRI. A. RAVISHANKAR, ADVOCATE)

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AND:

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SHIVANANJEGOWDA, AGED ABOUT 52 YEARS, S/O MARIGANGEGOWDA, R/AT AREKALLU HOSAHALLI VILLAGE, HANDINAKERE DHAKALE, KASABA HOBLI, HASSAN TALUK – 573 217. (BY SRI. VIGNESH S.SHASTRY, SR. ADV. FOR, SRI. GURURAJ R., ADVOCATE)

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…RESPONDENT

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2 - NC: 2025:KHC:16072 WP No. 22376 of 2022

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THIS WP IS FILED UNDER ARTICLE 226 & 227 OF CONSTITION OF INDIA PRAYING TO CALL FOR THE RECORDS IN EX. NO. 70/2020 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HASSAN AND QUASH THE ORDER DATED 11.10.2022 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HASSAN IN EX. NO. 70/2020ON .I.A. NO. 3 FILED BY THE PETITIONER PRODUCED AT ANNEXURE-A AND CONSEQUENTLY ALLOW THE SAID APPLICATION.

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THIS PETITION, COMING ON FOR FURTHER HEARING , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by the Judgment Debtor in Ex.No.70/2020 is directed against the impugned order dated 11.10.2022 passed by the Principal Senior Civil Judge and CJM, Hassan (for short “the Executing Court”), whereby the application, I.A.No.3 filed by the petitioner-applicant under Section 47 of CPC was rejected by the Executing Court.

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Heard learned counsel for the petitioner and learned Senior counsel for the respondent and perused the material on record.

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It is an undisputed fact as borne out from the material on record that the petitioner is the Judgment Debtor in Ex.No.70/2020, while the respondent is the Decree Holder in the said Execution Proceedings. The disposal of I.A.No.3 by the

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NC: 2025:KHC:16072 WP No. 22376 of 2022

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Executing Court, filed by the petitioner is assailed in the present petition.

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The petitioner as well as respondent field a joint compromise petition, which reads as under:

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“ APPLICATION UNDER ORDER 23 RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE:-

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The Petitioner and the Respondent respectfully submit:-

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1. The above Writ Petition arises out of the order passed by Principal Civil Judge and CJM, Hassan in Execution Petition. No.70/2022 on Interlocutory Application No.3 dated 11.10.2022.

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2. The Respondent had Instituted a suit in O.S.No.57/2016 on the file of Principal Senior Civil Judge and CJM, Hassan for the relief of Specific Performance of the sale agreement dated 28.04.2014 executed by the petitioner herein and the said suit was decreed on 07.11.2017 pursuant to which the Respondent sued out execution in Ex. No.70/2020 on 26.06.2020 which is pending consideration before the Trail Court.

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3. The Petitioner has filed application under Section 47 of The Code Civil Procedure, 1908 I.A. No. 3. The executing court decided I.A.No.3 Application filed under Section 47 by the Petitioner herein on 11.10.2022 dismissing the said Application pursuant to which the above Writ Petition is filed challenging the same.

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NC: 2025:KHC:16072 WP No. 22376 of 2022

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4. It is submitted that in the meantime, the Petitioner herein has filed O.S. No. 139/2021 on the file of Senior Civil Judge, Hassan for the relief of Declaration that the sale deed executed by him dated 02.07.2018 in favour of the respondent herein as Null and Void as the same is a nominal one and for permanent injunction restraining the Respondent from interfering with his peaceful possession of the schedule property and the said suit is pending adjudication.

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5. At the intervention of conciliators and advise of this Hon'ble Court, relatives, friends and well-wishers, the parties have compromised their dispute and terms of the said compromise petition are as under:-

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a. That the Respondent has conveyed the suit schedule property in favour of the petitioner by receiving total consideration of Rs.1,25,00,000/- (Rupees One Crore Twenty-five lakhs only) under the sale deed dated 30.10.2024 which deed of sale is duly registered in the office of the Sub-registrar, Hassan as document No. HSN1-11888-2024-25. The copy of which is produced herewith for kind consideration of the court.

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6. The Respondent confirm that he has availed loan from Karnataka Bank, Vijayanagar Branch, Hassan for a sum of Rs.40,50,000/- by mortgaging the Suit Schedule Property by way of deposit of Title Deeds. The Respondent confirms that the Petitioner has repaid a sum of Rs.7,00,000/- to the Bank and regularized the loan which was overdue. The Respondent further agrees and confirms that the Petitioner is paying the EMI regularly to the Bank from his resources. The

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NC: 2025:KHC:16072 WP No. 22376 of 2022

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Respondent has no objection in Petitioner taking over the loan with the consent of the Creditor Bank and he further agrees that the Petitioner would be entitled to receive title documents and other documents deposited with the creditor bank directly. The Respondent further has no objection in petitioner approaching any other schedule Bank or Nonschedule Bank or any other Financial Institution for takeover of the existing loan. It is agreed between the parties that the Respondent has no obligation in repayment of loan raised with Karnataka Bank, Vijayanagar Branch, Hassan.

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7. The Respondent herein undertakes to withdraw Execution Petition No.70/2020 which is pending on the file of Principal Senior Civil Judge and CIM, Hassan in terms of the compromise entered into between the Parties herein and in O.S.No.139/2021 before Principal Senior Civil Judge and CJM, Hassan on 08-11-2024. The Respondent further covenants that he will not enforce the Decree of Specific Performance secured by him dated 07.11.2017 in O.S.No.57/2016 on the file of Principal Senior Civil Judge and CJM, Hassan in view of compromise entered into between the parties with respect to the Suit Schedule Property and conveyance of the property by the Respondent to the Petitioner under the sale deed dated 30-10-2024.

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8. The parties have filed Compromise Petition in the pending suit in O.S.No.139/2022 on the file of Principal Senior Civil Judge and CJM, Hassan on 08-11-2024 and resolved their dispute.

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NC: 2025:KHC:16072 WP No. 22376 of 2022

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9. The Respondent Covenants with the Petitioner that he will not litigate in any manner with respect to the Suit Schedule Property with the Petitioner or persons claiming through him. The Respondent further confirms that there is / are no transaction entered in to between them except the one which lead to the present litigations with respect to the Suit Schedule property.

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10. The parties covenant that the above compromise is effected after prolonged dialogue, discussion and deliberation, as well repeated conciliations and mediation. There is no coercion, undue influence or fraud in arriving at this compromise.

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11. The parties have weighed their options and in order to bring a finality to the long pending dispute between them, have entered into this compromise, on their own volition. The Writ petition may be disposed in terms of this compromise petition.

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12. The Parties agree to bear their cost of this litigation.

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