Sri P Shivanna Vs Sri v T Doolaiah — Writ and Judicial Review | Karnataka HC (2026)

Sri P Shivanna Vs Sri v T Doolaiah — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of in view of the settlement between the parties; Decree sheet to be drawn up in terms of the compromise petition; all pending applications closed. The impugned orders of 28.11.2017 and 30.06.2018 were superseded by the settlement rather than adjudicated and quashed by this Court.

Issue for consideration

Whether the writ petition under Article 227 challenging the orders dated 28.11.2017 and 30.06.2018 of the Principal Civil Judge & JMFC, Channapatna in Ex.No.18/2011 — by which the Decree Holder was directed to take steps for the arrest and detention in civil prison of the Judgment Debtor — should result in quashing of those orders and dismissal of the execution petition.

Court's answer

In view of the amicable settlement between the parties recorded through the compromise petition (I.A.No.1/2026, Order XXIII Rule 3 CPC), the Court disposed of the writ petition and directed that a Decree sheet be drawn up in terms of the compromise petition; the merits of the impugned execution-stage orders were not adjudicated.

Ratio / Principle

As a consequence of disposal on compromise, all pending applications connected with the writ petition (including I.A.No.1/2026) stand closed.

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) No. 28601 of 2018, filed under Article 227 of the Constitution of India before the High Court of Karnataka (Hon'ble Ms. Justice Tara Vitasta Ganju), disposed of on 05.02.2026. Judgment debtor Sri P. Shivanna challenged two execution-stage orders dated 28.11.2017 and 30.06.2018 of the Principal Civil Judge & JMFC, Channapatna in Ex.No.18/2011, whereby the court below had directed the Decree Holder to take steps for the Judgment Debtor's arrest and detention in civil prison. During pendency, the parties amicably settled and filed I.A.No.1/2026 under Order XXIII Rule 3 of CPC, 1908 with a verification affidavit; Respondent No.2 V. Doolaiah appeared in person as GPA holder for Respondents 1–9 (LRs of late V.T. Doolaiah). Compromise terms: mutual non-interference in the petitioner's Schedule 'A' property and the respondents' Schedule 'B' property at Thattakere village, Channapatna; petitioner to withdraw R.A. No.21/2022. The Court disposed of the writ petition in view of the settlement, ordered a decree sheet in terms of the compromise petition, and closed all pending applications; the merits of the impugned orders were left unadjudicated.

NC: 2026:KHC:6818 WP No. 28601 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 28601 OF 2018 (GM-CPC)

BETWEEN:

SRI. P.SHIVANNA S/O LATE SRI.PUTTAIAH, AGED ABOUT 55 YEARS, R/AT NO.1267, WARD NO.28, THATTAKERE VILLAGE, CHANNAPATNA TOWN, RAMANAGARA DISTRICT-571 511.

…PETITIONER

(BY SRI. R.B.SADASIVAPPA., ADVOCATE)

AND:

SRI. V.T.DOOLAIAH S/O SRI BANGI HUCHAIAH, SINCE DECEASED BY HIS LR’S,

SMT.CHIKKAHUCHAMMA, W/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 83 YEARS,

SRI.V.DOOLAIAH S/O LATE SRI. V.T.DOOLAIAH, AGED ABOUT 60 YEARS,

SRI.CHIKKATHAMAIAH @ NANJUNDASWAMY, S/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 58 YEARS,

SRI.LAKSHMANA S/O LATE SRI.V.T.DOOLAIAH,

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AGED ABOUT 56 YEARS,

SRI KEMPARAJU.D S/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 45 YEARS,

SRI.DEVARAJU.D S/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 39 YEARS,

SMT.LAKSHMIDEVAMMA D/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 47 YEARS,

SMT.INDIRAMMA D/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 40 YEARS,

SMT.ARATHAMMA D/O LATE SRI.V.T.DOOLAIAH, AGED ABOUT 38 YEARS,

ALL ARE R/AT THATTAKERE VILLAGE CHANNAPATNA TOWN, RAMANAGARA-571 511.

…RESPONDENTS

(BY SRI. P.N.RAJESHWARA., ADVOCATE FOR R1 TO R9)

THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE IMPUGNED ORDER DATED 28.11.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE & JMFC, CHANNAPATNA IN EX 18/11 VIDE ANNEXUREB;AND QUASH THE ORDER DATED 30.06.2018 PASSED BY THE PRINCIPAL CIVIL JUDGE & JMFC, CHANNAPATNA IN EX.18/11 VIDE ANNEXURE-D AND CONSEQUENTLY DISMISS THE EXECUTION PETITION NO.18/2011, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHANNAPATNA.

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

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

The present petition has been filed seeking to challenge orders dated 28.11.2017 and 30.06.2018 passed in Execution Proceedings in Ex.No.18/2011 by learned Principal Civil Judge and JMFC, Channapatna (hereinafter referred as ‘Impugned Order’). By the Impugned Order, an order was passed directing the Decree Holder to take steps for the arrest and detention in civil prison of the Judgment Debtor.

The challenge has been made before this Court by the Judgment Debtor. Learned counsel for the parties submit that during the pendency of proceedings before this Court, they have amicably have settled their disputes.

They further submit that they filed application in I.A.No.1/2026 under Order XXIII Rule 3 of CPC, 1908.

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The said application is supported by verification affidavit which has been placed on record today.

The General Power of Attorney Holder (V.Doolaiah) who is Respondent No.2 appears in person. He submits that he is the son of Respondent No.1 and brother of Respondent Nos.3 to 9. The General Power of Attorney in favour of said V.Doolaiah which is annexed along with Compromise Petition.

The salient features of Compromise Agreement are

set out below:

“3) The property of the Petitioner measures East to West 48 ft. and North to South 36 ft., and the same is shown with the letters 'A', 'B', 'C', 'D'.

4) The property belonging to the Petitioner is morefully described in the schedule 'A' hereunder.

5) Similarly, the property of the Respondents of late Sri. V.T. Doolaiah is the property measuring East to West 136 ft. and North to South 20 ft. and the same is marked with the letters 'A', 'E', 'F', 'G', and 'A' which is morefully described in the schedule 'B' hereunder.

6) The parties to the above writ petition submit that they will not interfere with each other’s property i.e., the Petitioner will not interfere with schedule 'B' property belonging to the Respondents and similarly, the Respondents will not interfere with the lawful possession of the Petitioner with respect to schedule 'A' property.

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7) In view of the settlement between the parties, the petitioner by name Sri. P. Shivanna will withdraw R.A. No.21/2022 pending on the file of the Senior Civil Judge and JMFC, Channapattana.

8) In view of the settlement, the Respondents have no objection to dispose off the above writ petition.

9) The rough sketch produced is part and parcel of the settlement between the parties.

10) The parties to the above writ petition pray that this Hon'ble Court be pleased to record the above settlement between the parties and be pleased to dispose oft the above writ petition and be pleased to quash the impugned orders dated 28/11/2017 and 30/06/2018 vide Annexure - B and D respectively, passed by the Principal Civil Judge and JMFC. Channapattana, in the interest of justice and equity.

SCHEDULE 'A' PROPERTY

Property shown in the rough sketch with the letters ‘A’, ‘B’, ‘C’ and D is the property belonging to the Petitioner bearing CMC No.1251, situated at Channapattna City Municipality. Thattekere. Channapattna, measuring East to West 48 ft. and North to South 36 ft. and bounded on the:

East by : Property of Smt. Venkatamma

West by :Thattekere road

North by : Property of Sri. Doolaiah (Khatha No.1521/150)by his LRs (Respondents)

South by :Property of Smt. Nagarathna/Madaiah's property.

SCHEDULE 'B' PROPERTY

Property shown in the rough sketch with the letters 'A', 'E', 'F', 'G' and 'A' is the property belonging to the Respondents (LRs of Sri. V.T. Doolaiah) bearing Sy. No.83/1, now changed to CMC Door No.1521/150, situated at Thattekere village, Kasabahobli. Channapattana town,

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measuring East to West 136 ft. and North to South 20 ft. and bounded on the;

East by : Respondent's property. DoorNo.1248/2of Sri. V.T. Doolaiah;

West by :Tattekere main road; North by : House of Sri. Kalalakkaiah @ Kuntaiah;

South by : Property of the Petitioner and Smt. Venkatamma”.

The Compromise Petition is attached with Schedule

‘A’ and Schedule ‘B’ forming part thereof. In addition, the parties have appended rough sketch to the compromise petition. A copy of the General Power of Attorney has been attached.

In view of the settlement between the parties, the

writ petition is disposed of. A Decree sheet be drawn up in terms of compromise petition.

All pending applications stand closed.

Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNATAKA (TARA VITASTA GANJU) JUDGE

SNB

List No.: 2 Sl No.: 2

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Procedural history

How this case reached the court

AI extract

Order under challenge
Two orders dated 28.11.2017 and 30.06.2018 passed in Execution Proceedings Ex.No.18/2011, by which an order was passed directing the Decree Holder to take steps for the arrest and detention in civil prison of the Judgment Debtor.¶¶35
Principal Civil Judge and JMFC, Channapatna · 28.11.2017 and 30.06.2018
Prior proceeding
Execution Petition No.18/2011 pending on the file of the Principal Civil Judge and JMFC, Channapatna; the impugned orders therein directed the Decree Holder to take steps for the arrest and detention in civil prison of the Judgment Debtor (this petitioner).¶¶35
Prior proceeding
This writ petition was filed under Article 227 of the Constitution of India praying to quash the impugned order dated 28.11.2017 (Annexure-B) passed by the Principal Civil Judge & JMFC, Channapatna in Ex 18/11.¶¶28
Prior proceeding
The writ petition additionally prayed to quash the order dated 30.06.2018 (Annexure-D) and consequently dismiss Execution Petition No.18/2011.¶¶28
Prior proceeding
During pendency of the writ petition, the parties submitted that they had amicably settled their disputes.¶¶36
Prior proceeding
The parties filed application I.A.No.1/2026 under Order XXIII Rule 3 of CPC, 1908 recording the compromise.¶¶37
Prior proceeding
The compromise application is supported by a verification affidavit placed on record.¶¶41
Prior proceeding
General Power of Attorney holder V.Doolaiah (Respondent No.2, son of Respondent No.1) appeared in person; the GPA is annexed to the Compromise Petition along with Schedules A and B and a rough sketch.¶¶42
Prior proceeding
Salient compromise term: mutual non-interference — the Petitioner will not interfere with the Respondents' Schedule 'B' property, and the Respondents will not interfere with the Petitioner's lawful possession of Schedule 'A' property.¶¶48
Prior proceeding
Compromise term: petitioner Sri. P. Shivanna to withdraw R.A. No.21/2022 pending before the Senior Civil Judge and JMFC, Channapattana; respondents consented to disposal of the writ petition and prayed for quashing of the impugned orders.¶¶52