Sri.K. Srinivasappa Vs C.N.Mohan — Writ and Judicial Review | Karnataka HC (2026)

Sri.K. Srinivasappa Vs C.N.Mohan — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

All four writ petitions disposed of in terms of the accepted compromise petition (Order XXIII Rule 3 r/w s.151 CPC): Schedule 'A' (0-20 guntas across Sy.No.35/1 and Sy.No.78/2) allotted to the petitioners and Schedule 'B' (0-38 guntas) to respondent No.1, with mutual waiver/relinquishment of right, title and interest; petitioners handed over possession of Schedule 'B' except dwelling portions (JKLM/BEDC of sketch), which they undertook to vacate within two months (licence for two months), failing which the compromise lapses, the petitions stand restored to their original stage and treated as dismissed as withdrawn; NHAI compensation of Rs.12,52,788 (LAC No.1/2008) and Rs.77,26,432 (LAC No.2/2024) to be apportioned 65% to the petitioners jointly and 35% to respondent No.1 with accrued interest, withdrawal of the 65% conditioned on timely handover; statutory rights to seek enhancement reserved; petitioners permitted to withdraw their deposits in Ex.No.6/1995 and Ex.No.7/1995 with accrued interest; liberty to mutate names in revenue records.

Issue for consideration

W.P. No.3531/2019: whether the order dated 20.11.2018 in Miscellaneous Appeal No.04/2014 (Principal Senior Civil Judge and CJM, Chikkaballapura) should be quashed and the order in Ex.No.07/1995 confirmed. +4 more

Ratio / Principle

The court perused the compromise petition, the annexed sketch, the General Power of Attorney and its clauses, and found them to be in accordance with law and not opposed to public policy.

Key takeaways

Before acceptance, the court recorded that the compromise contents were translated into Kannada and Telugu for petitioners not conversant with English, explained to them in a language known to them, and signed only upon full understanding of the terms.ratio¶123
All four writ petitions (W.P. Nos. 3531/2019, 16252/2019, 51598/2019 and 15916/2023) are disposed of in terms of the compromise petition, thereby resolving the challenges to the appellate and execution-court orders without independent adjudication.ratio¶246
It is observed (as a needless observation, in the court's words) that if the compromise is not adhered to, it is open to the parties to seek revival of the petitions in accordance with law.

Detailed headnote1 paragraphs

High Court of Karnataka (Vijaykumar A. Patil, J., 17.07.2026) disposed of four Article 227 writ petitions (GM-CPC) — W.P.Nos. 3531, 16252, 51598/2019 and 15916/2023 — arising from Vysya Bank loan decrees (OS Nos. 313 & 311/1989), execution auctions (Ex. Nos. 7 & 6/1995), auction set-aside orders dated 21.12.2013 reversed in M.A. Nos. 4, 3 & 5/2014, and a possession-delivery order in Ex. No.50/2010. After verifying that the compromise terms were translated into Kannada/Telugu and signed with full understanding, the court found the compromise petition under Order XXIII Rule 3 r/w s.151 CPC lawful and not opposed to public policy and disposed of the petitions in its terms: Schedule 'A' (0-20 guntas of Sy.No.35/1 and Sy.No.78/2) to the petitioners, Schedule 'B' (0-38 guntas) to respondent No.1, with mutual waiver of title; NHAI compensation of Rs.12,52,788 (LAC No.1/2008) and Rs.77,26,432 (LAC No.2/2024) shared 65:35 with interest; petitioners to vacate the dwelling portions within two months, failing which the compromise lapses and the petitions stand restored/treated as dismissed as withdrawn; liberty to withdraw trial-court deposits with accrued interest and to seek revival if the compromise is breached.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JULY, 2026 BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.3531/2019 (GM-CPC)

C/W

WRIT PETITION NO.16252/2019 (GM-CPC) WRIT PETITION NO.51598/2019 (GM-CPC) WRIT PETITION NO.15916/2023 (GM-CPC)

IN W.P. No.3531/2019:

BETWEEN:

Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

SRI. K. SRINIVASAPPA S/O KRISHNAPPA AGED ABOUT 60 YEARS R/AT. CHANDALAPURA VILLAGE NANDI HOBLI CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT.

CHANDRASHEKAR S/O K. SRINIVASAPPA AGED ABOUT 55 YEARS.

MURALIDHAR S/O/ K. SRINIVASAPPA AGED ABOUT 49 YEARS.

BOTH ARE R/AT CHANDALAPURA VILLAGE NANDI HOBLI CHIKKABALLAPURA TALUK CHIKKABALLAPURA DIST.

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[AMENDED VIDE COURT ORDER DTD:17.07.2026]

…PETITIONERS

(BY SRI. B. RAMESH, ADV.,)

AND:

C.N. MOHAN S/O LATE DR. A. NAGARAJ AGED ABOUT 54 YEARS R/AT NO.328/B, 2ND FLOOR 14TH CROSS, 5TH MAIN ROAD SADASHIVANAGAR BENGALURU-560 080.

M/S. VYSYA BANK HAVING ITS HEAD OFFICE AT NO.489, AVENUE ROAD BENGALURU REP. BY ITS MANAGER CHIKKABALLAPUR BRANCH.

…RESPONDENTS

(BY SRI. G. KRISHNAMURTHY, SR. COUNSEL FOR SRI. RAKESH B. BHATT, ADV., FOR R1 R2 SERVED)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 20.11.2018 PASSED IN MISCELLANEOUS APPEAL NO.04/2014 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT CHIKKABALLAPURA AND CONFIRM THE ORDER DATED 20.12.2013 PASSED IN EX.NO.07/1995 BY THE ADDITIONAL CIVIL JUDGE AND JMFC., AT CHIKKABALLAPURA, ON APPLICATIONS FILES UNDER ORDER XXI RULE 89, 90, 92 R/W 151 OF CODE OF CIVIL PROCEDURE AND APPLICATION FILED UNDER RULES 138 & 139 OF THE KARNATAKA CIVIL RULES OF PRACTICE AND APPLICATION FILED UNDER ORDER

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XXI RULES 54(2) AND 64 OF THE CODE OF CIVIL PROCEDURE WHICH IS PRODUCED AND MARKED AS ANNEXURE-L & J & ETC.

IN W.P. NO.16252/2019:

BETWEEN:

SRI. K. SRINIVASAPPA S/O KRISHNAPPA AGED 64 YEARS R/AT. CHANDALAPURA VILLAGE NANDI HOBLI CHIKKBALLAPURA TALUK CHIKKABALLAPURA DISTRICT.

...PETITIONER

(BY SRI. B. RAMESH, ADV.,)

AND:

C.N. MOHAN S/O LATE DR. A. NAGARAJ AGED 54 YEARS R/AT NO.328/B, 2ND FLOOR 14TH CROSS, 5TH MAIN ROAD SADASHIVANAGAR BENGALURU-560 080.

M/S. VYSYA BANK HAVING ITS HEAD OFFICE AT NO.489, AVENUE ROAD BENGALURU-560009 REP. BY ITS MANAGER CHICKKABALLAPUR BRANCH.

...RESPONDENTS

(BY SRI. G. KRISHNA MURTHY, SR. COUNSEL FOR SRI. RAKESH B. BHATT, ADV., FOR R1 R2 SERVED)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 20.11.2018 PASSED IN MISCELLANEOUS APPEAL NO.03/2014 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT CHIKKABALLAPURA AND CONFIRM THE ORDER DATED 21.12.2013 PASSED IN EX.NO.06/1995 BY THE ADDITIONAL CIVIL JUDGE AND JMFC, AT CHIKKABALLAPURA, ON APPLICATIONS FILED UNDER ORDER XXI RULE 89, 90, 92 R/W 151 OF CODE OF CIVIL PROCEDURE AND APPLICATION FILED UNDER RULE 138 & 139 OF THE KARNATAKA CIVIL RULES OF PRACTICE AND APPLICATION FILED UNDER ORDER XXI RULE 54(2) AND 64 OF THE CODE OF CIVIL PROCEDURE WHICH ARE FILED IN EX.NO.6/1995 WHICH IS PRODUCED AND MARKED AS ANNEXURE-H AND K & ETC.

IN W.P. NO.51598/2019:

BETWEEN:

SRI. K. SRINIVASAPPA S/O KRISHNAPPA AGED 60 YEARS R/AT. CHANDALAPURA VILLAGE NANDI HOBLI CHIKKABALLAPURA TALUK-562101 CHIKKABALLAPURA DISTRICT.

...PETITIONER

(BY SRI. B. RAMESH, ADV.,)

AND:

C.N. MOHAN S/O LATE DR. A. NAGARAJ AGED 54 YEARS R/AT NO.328/B, 2ND FLOOR 14TH CROSS, 5TH MAIN ROAD SADASHIVANAGAR BENGALURU-560080.

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M/S. VYSYA BANK

HAVING ITS HEAD OFFICE AT NO.489, AVENUE ROAD BENGALURU REP BY ITS MANAGER CHICKKABALLAPUR BRANCH -562101.

...RESPONDENTS

(BY SRI. G. KRISHNAMURTHY, SR. ADV., FOR SRI. RAKESH B. BHATT, ADV., FOR R1)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS. SET ASIDE THE ORDER DATED 20.11.2019 PASSED IN MISCELLANEOUS APPEAL NO.5/2014 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT CHIKKABALLAPURA BY CONFIRMING THE ORDER DATED 21.12.2013 PASSED IN MISCELLANEOUS NO.7/2007.

IN W.P. NO.15916/2023:

BETWEEN:

K. SRINIVASAPPA S/O LATE KRISHNAPPA AGED 73 YEARS R/AT. CHADALLPURA VILLAGE NANDI HOBLI CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT-562101.

...PETITIONER

(BY SRI. B. RAMESH, ADV.,)

AND:

N. SRINIVASA MURTHY S/O LATE NARAYANASWAMY AGED 61 YEARS

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R/AT NO. VIJAYA MANDHIRA 5TH CROSS VISHWESHWARAYA LAYOUT OPP APMC MARKET CHIKKABALLAPURA-562101.

...RESPONDENT

(BY SRI. G. KRISHNAMURTHY, SR. ADV., FOR SRI. RAKESH B. BHATT, ADV.,)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DTD 05.07.2023 PASSED IN EXECUTION NO. 50/2010 ON THE FILE OF 2ND ADDL CIVIL JUDGE , AT JMFC AT CHIKKABALLAPUR WHICH IS PRODUCED AND MARKED AS ANNX-Q AND ALLOW THE APPLICATION FILED BY THE PETITIONER U/S 47 R/W SECTION 151 OF CPC WHICH IS PRODUCED AND MARKED AS ANNX-L & ETC.

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

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

These writ petitions are filed seeking the following

reliefs:

IN WP.No.3531/2019

“a. Issue a writ in the nature of certiorari by quashing the order dated 20.11.2018 passed in Miscellaneous Appeal No.04/2014 passed by the Principal Senior Civil Judge and CJM at Chikkaballapura and confirm the order dated 20.12.2013 passed in Ex.No.07/1995 by the Additional Civil Judge and JMFC., at Chikkaballapura, on applications filed under

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Order XXI Rule 89, 90, 92 r/w 151 of code Of Civil Procedure and application filed under Rules 138 & 139 of the Karnataka Civil Rules of Practice and application filed under Order XXI Rules 54(2) and 64 of the Code of Civil Procedure which is produced and marked as Annexure-‘L’ & ‘J’.

b. To pass such other suitable order/orders as this Hon’ble Court deems fit to grant in the facts and circumstances of the case and in the interest of justice and equity.”

IN WP.No.16252/2019

“a. Issue a writ in the nature of certiorari by quashing the order dated: 20.11.2018 passed in Miscellaneous Appeal No.03/2014 passed by the Principal Senior Civil Judge and CJM at Chikkaballapura and confirm the order dated 21.12.2013 passed in Ex.No.06/1995 by the Additional Civil Judge and JMFC, at Chikkaballapura, on applications filed under Order XXI Rule 89, 90, 92 r/w 151 of Code Of Civil Procedure and application filed Under Rule 138 & 139 of the Karnataka Civil Rules of Practice and application filed Under Order XXI Rule 54(2) and 64 of the Code of Civil Procedure which are filed in Ex.No.6/1995 which is produced and marked as Annexure‘H’ and ‘K’.

b. To pass such other suitable order/orders as this Hon’ble Court deems fit to grant in the facts and circumstances of the case and in the interest of justice and equity.”

IN WP.No.51598/2019

“a. Call for records;

b. Set aside the order dated 20.11.2019 passed in Miscellaneous Appeal No.5/2014 passed by the Principal Senior Civil Judge and CJM at Chikkaballapura by confirming the

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order dated 21.12.2013 passed in Miscellaneous No.7/2007,

c. To pass such other suitable order/orders as this Hon’ble Court deems fit to grant in the facts and circumstances of the case and in the interest of justice and equity.”

IN WP.No.15916/2023

“a. To issue a writ in the nature of certiorari by quashing the order dated 05.07.2023 passed in Execution No.50/2010 on the file of 2nd Additional Civil Judge , at JMFC at Chikkaballapur which is produced and marked as Annxure-‘Q’ and allow the application filed by the petitioner under Section 47 r/w Section 151 of CPC which is produced and marked as Annxure-‘L’.

b. To pass such other suitable orders as deems fit to be granted in the facts and circumstances of the case in the interest of justice and equity.”

Sri.B.Ramesh, learned counsel appearing for the petitioners in all the aforesaid petitions and Sri.G.Krishnamurthy, learned senior counsel appearing on behalf of Sri.Rakesh B. Bhatt, learned counsel for respondent No.1 submit that the parties have amicably settled the dispute and they filed a compromise petition before this Court.

The submission is placed on record.

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The compromise petition filed by the petitioners

and the respondents under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’) is placed on record.

I have perused the compromise petition, the sketch annexed to the compromise petition, the copy of the General Power of Attorney (GPA) and the clauses in the compromise petition. They are in accordance with law and not opposed to public policy.

The petitioners, the respondents and the GPA holder of respondent No.2 are present before the Court. Their respective counsels identified their presence.

The petitioners and the respondent states that they have perused the clauses of the compromise petition. It is further stated that, in respect of certain petitioner who are not conversant with English language, the contents of the compromise petition were translated into

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Kannada and Telugu, explained to them in a language known to them, and only upon fully understanding the terms of the compromise, they affixed their signatures to the compromise petition.

The terms of compromise petition reads as

under:

“MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE

Both the petitioners and respondents above named respectfully submits as follows:-

1. The Petitioner No.1 herein was the absolute owner of Property bearing Sy No. 35/1, measuring 2 acre 6 guntas including 4 guntas kharab (morefully described as Item No.1) and property bearing Sy No. 78 measuring 1 acre 34 Guntas (morefully described as Item No.2) both situated at Chadalapura Village, Nandi Hobli, Chikkaballapur Taluk and District.

TRANSACTION PERTAINING TO ITEM No.1 PROPERTY

2. The Petitioner had availed loan from Vysya Bank and had mortgaged the aforesaid property bearing Sy No.35/1 measuring 2 acre 6 Guntas. Since the Petitioner failed to repay the loan, the Bank filed OS No .313/1989 seeking for recovery and the same was decreed. Thereafter, the Bank

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filed Ex case No. 7/1995 on the file of Additional Civil Judge, JR Division, Chikkaballapur.

3. The executing court in EX No.7/1995 issued sale proclamation and public auction was held in respect of Item No.1 property and the Respondent No.1 herein was declared successful bidder and the sale was also confirmed. The sale certificate in respect of item No.1 property was executed and registered on 21.04.2007.

4. In the year 2011, the Petitioner No.1 filed applications before the executing court seeking to set aside the auction and the same was allowed by the executing court vide order dated 21.12.2013. The respondent No.1 challenged the same by filing appeal No.M.A 4/2014 on the file of Principal Senior civil Judge and C.J.M at Chikkaballapur and the same came to be allowed vide order dated 20.11.2018. Challenging the same, the Petitioner No.1 herein has filed W.P 3531/2019.

5. During the pendency of these proceedings, the National Highway Authority have acquired 1 Acre 36 Guntas of land of Item No.1 in 2 stages. The first acquisition was part of land measuring 1 acre 22 guntas including 4 guntas kharab vide acquisition notification under section 3-D(1) and (2) of National Highway Act 1956 dated 14.08.2006. The dispute regarding entitlement/ apportionment of compensation between the Petitioners on one hand and the Respondent No.1 on the other hand is pending consideration before the Hon’ble Supreme Court in SLP No. (C) 4769/2021. The National Highway Authority has deposited a sum of Rs.12,52,788/- before the reference court in LAC No. 1/2008 on the file of

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Principal Senior Civil Judge and CJM, Chikkaballapur.

6. The NHAI has further acquired part of land measuring 1112 Sq. Mts. of Item No.1 on 21/09/2022 and has proposed to pay Rs.77,26,432/- amount as compensation. After acquisition, the total land available physically on spot is 0-15 guntas in Sy No. 35/1.

TRANSACTION PERTAINING TO ITEM No. 2

PROPERTY

7. The Petitioner had availed loan from Vysya Bank and had mortgaged the aforesaid property bearing Sy No. 78 measuring 01 acre 34 Guntas. Since the Petitioner failed to repay the loan, the Bank filed OS No.311/1989 seeking for recovery and the same was decreed. Thereafter, the Bank filed Ex case No. 6/1995 on the file of Additional Civil Judge, JR Division, Chikkaballapur.

8. The executing court in EX No.6/1995 issued sale proclamation and public auction was held in respect of Item No.2 property and the Respondent No.1 herein was declared successful bidder. In the execution proceedings, the Petitioner filed application under Order XXI Rule 90 seeking to set-aside the auction on the ground that out of 1 acre 34 Guntas of land, an agreement of sale was executed in respect of 37 guntas of land in favour of one Venkateshappa and the said Venkateshappa had filed suit for specific performance, which came to be decreed in his favour.

9. The Respondent No.1 agreed for confirmation of sale in respect of balance 0-37 Guntas of land

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and the Executing Court vide its order dated 16.04.2008, confirmed the sale of northern portion of land measuring 0-37 Guntas in Sy No. 78.

10. In the year 2013, the executing court vide order dated 21.12.2013 set aside the auction sale. The respondent No.1 challenged the same by filing Appeal M.A. No. 3/2014 on the file of Principal Senior civil Judge and CJM at Chikkaballapur and the same came to be allowed vide order dated 20.11.2018. Challenging the same, the Petitioner No.1 herein has filed WP No.16252/2019.

11. In respect of southern portion of Sy No. 78 measuring 0-37 guntas, the Petitioners had agreed to sell the same in favour of one Venkateshappa. Later he filed suit for specific performance which is decreed and confirmed by the Hon’ble High court of Karnataka at Bengaluru in RSA No. 503/2001. The said Venkateshappa filed Execution Petition in Ex. No.20/2001 and during the pendency of the Execution proceedings, the decree was assigned in favour of Respondent No.2. The Executing court also executed registered sale deed in favour of Respondent No. 2 on 19.04.2008. The Petitioners challenged the same before the Hon’ble High court of Karnataka in WP No. 7004/2008, which came to be dismissed on 12.07.2010.

12. Thereafter, the Respondent No 2 filed Ex No.50/10 seeking possession of southern portion of Sy No 78 measuring 0-37 Guntas. The Executing court ordered delivery of possession, which is challenged by Petitioner before the Hon’ble High court in WP No. 15916/2023.

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13. During the pendency of the Petition, both item no. 1 and item No. 2 were measured at the instance both the parties. At that point of time it was found that property bearing Sy No.35/1 is measuring to an extent of 0-15 guntas after acquisition and also found that the property bearing Sy No.78 is measuring to an extent of 0- 43 guntas. It is submitted that in terms of the same, the available land which is in possession of the petitioners in Sy No.35/1 and Sy No.78 (Now Sy.No. 78/2) is measuring to an extent of 0-58 guntas i.e. 01 acre 18 guntas.

14. Further, the Respondent No. 2 has executed registered agreement of sale as well as Registered General Power of Attorney in favour of Respondent No. 1 registered on 26.09.2025 as Document No. CMN-4-00248-2025-26, Book 4, in the office of Sub Registrar, Chikkaballapura (Chintamani).

15. At the instance and advice of well-wishers, mutual discussions were held by the parties and to put quietus to all the litigation pending between the parties, the Petitioners and Respondents are entering into a compromise on the following terms.

a. Both the Petitioners and Respondents have agreed to divide the properties bearing Sy No.35/1 and Sy No.78 now Sy No.78/2 in all measuring to an extent of 0-58 Guntas situated at Chadalapura Village, Nandi Hobli, Chikkaballapur Taluk in the following manner:-

i. The Petitioners shall be entitled to 0-20 guntas of land in both the properties i.e. Sy

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No.35/1 land measuring to an extent of 0-02½ guntas and in Sy No.78/2 old Sy No.78 land measuring to an extent of 0-17½ guntas which is morefully described hereinbelow as SCHEDULE ‘A’ PROPERTY.

SCHEDULE ‘A’ PROPERTY

a. All that piece and parcel of the property bearing Sy No.35/1 measuring to an extent of 0- 02½ guntas situated at Chadalapura Village, Nandi Hobli, Chikkaballapur Taluk and District. This property is bounded on:

East By : Property bearing Sy No. 78/2 West By : Service Road of National Highway North By : Village Road

South By : Remaining Property bearing Sy No.35/1 now allotted to C N Mohan

b. All that piece and parcel of the property bearing Sy No.78/2 old Sy No.78 measuring to an extent of 0-17½ guntas situated at Chadalapura Village, Nandi Hobli, Chikkaballapur Taluk and District. This property is bounded on:

East By : Property bearing Sy No. 76

West By : Property bearing Sy No.35/1 now allotted to K Srinivasappa

North By : Village Road

South By : Property bearing Sy No.35/1 now allotted to C N Mohan

ii. The respondent No.1 shall be entitled to 0-38 guntas of land in both the properties i.e. Sy No.35/1 land measuring to an extent of 0-12½ guntas and in Sy No.78/2 old Sy No.78 land measuring to an extent of 0-25½ guntas which is morefully described hereinbelow as SCHEDULE ‘B’ PROPERTY.

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SCHEDULE ‘B’ PROPERTY

a. All that piece and parcel of the property bearing Sy No.35/1 measuring to an extent of 0- 12½ guntas situated at Chadalapura Village, Nandi Hobli, Chikkaballapur Taluk and District. This property is bounded on:

East By : Property bearing Sy No. 78/2 snow allotted to C N Mohan

West By : Service Road of National Highway North By : Property bearing Sy No. 35/1 now allotted to K Srinivasappa

South By : property bearing Sy No. 79/1

b. All that piece and parcel of the property bearing Sy No.78/2 old Sy No.78 measuring to an extent of 0-25½ guntas situated at Chadalapura Village, Nandi Hobli, Chikkaballapur Taluk and District. This property is bounded on:

East By : property bearing Sy No. 76 West By : Property bearing Sy No.35/1 now allotted to C N Mohan

North By : Property bearing Sy No.78/2 now allotted to K.Srinivasppa South By : Property bearing Sy No. 78/3

iii. Both the parties have identified their properties allotted to their respective share under this compromise petitioner in the sketch which is part and parcel of this Compromise Petition. Copy of the sketch is annexed

iv. The respondents as per the terms of this compromise petition have waived/relinquished their right, title and interest over the schedule ‘A’ property and declares that Petitioners are the absolute owner of the ‘A’ schedule property.

v. The petitioners as per the terms of this

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compromise petition have waived/relinquished their right, title and interest and also over the schedule ‘B’ property and declares that Respondent No. 1 is the absolute owner of the ‘B’ schedule property. Respondent No. 2 also admits that Respondent No. 1 is the absolute owner of the 'B' schedule Property.

vi. The Petitioners have handed over the possession of the Schedule B Property to the Respondent No. 1 on this day of entering into compromise Petition.

vii. However, the Parties acknowledge that Petitioners are residing in houses which comes within the Schedule B Property and shown in the sketch annexed as property coming within points JKLM and BEDC of the sketch. The Petitioners undertake vacate and handover that portion of schedule B property namely property coming within JKLM and BEDC of the sketch within two months from the date of entering into this compromise.

viii. On the undertaking given by the Petitioners that they would handover the possession of property identified as JKLM and BEDC of the sketch, the Respondent No.1 permits/ gives licence to Petitioners to occupy the said house premises for the period of two months.

ix. It is made clear that, except for the portion identified as JKLM and BEDC of the sketch, the physical possession of all other portion of Schedule B property with structures thereon, which comes within points B4, B3, B7, B6 and B5 of the annexed sketch is handed over to the Respondent No. 1 on this day of entering into the Compromise.

x. The Petitioners further confirm and declare that land bearing Sy No.35/1 and Sy No. 78/2 old

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Sy No.78 situated at Chadalapura Village, Nandi Hobli, Chikkaballapur Taluk and District was the self-acquired property of Petitioner No. 1 and is not the joint family property or ancestral property of the Petitioners. The petitioners have declared that their family members do not have any valid right, title and interest over the said property.

b. Both the Parties mutually agree that the initially awarded compensation amount of Rs.12,52,788 and Rs. 77,26,432 currently in dispute, deposited/to be deposited with the LAC No.1/2008 and LAC No.2/2024 respectively shall be apportioned and disbursed to the Parties together with interest in the following manner:-

i. The Petitioners are jointly entitled for 65% of the compensation amount deposited in the above proceedings with accrued interest.

ii. The 1^st respondent is entitled for 35% of the compensation amount deposited in the above proceedings with accrued interest.

iii. Both the parties are at liberty to withdraw the awarded amount strictly in accordance as per the specified shares mentioned under this compromise petition.

c. The Parties mutually agree that the Petitioners herein shall be entitled to withdraw 65% of the compensation amount with accrued interest as agreed between the parties only after the handing over of the possession of the portion of Schedule B property identified as JKLM and BCDE of the sketch annexed, to the Respondent No. 1 within the agreed period and the petitioners undertake to hand over vacant possession of the aforesaid portion of schedule ‘B’ property identified as JKLM and BCDE of the sketch annexed, to 1^st Respondent within a period of two

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months from the date of acceptance of this compromise petition and would not seeking for any additional time.

d. Both the Parties would reserve their statutory rights to challenge the award passed by the National Highway Authority and also seek for enhancement of compensation before the appropriate authority or before any competent authority tribunal in respect of the property bearing Sy No.35/1 in respect of the acquired portion.

e. Both the parties has also agreed that in case any of the parties would not join or co-operate to file any appeal seeking for enhancement of the compensation before the competent authority then both parties would independently file the said appeal or petition for enhancement without insisting on the other party and the other party would not object for seeking for enhancement of the said amount towards their share fixed under this compromise petition.

f. Upon the realization of the enhanced compensation the disbursement both the parties would be entitled for sharing the said enhanced compensation as per the terms stipulated under this compromise petition and both the parties shall have no further claims, demands, or disputes against each other regarding the apportionment.

g. The Petitioners undertake to demolish the existing structure in the portion of Schedule ‘B’ property where they reside and hand over the possession of the same to the Respondent No. 1 without fail within a period of two months from the date of entering the compromise and in case the petitioners would not remove the structure then the 1^st respondent is at a liberty to demolish

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the same after two months from the date of this compromise petition.

h. In the event of default by the Petitioners or any of their family members or any one claiming through or under them, in handing over the possession of the balance portion of the Schedule ‘B’ property within prescribed period of two month, as stipulated in this Compromise Agreement, the compromise shall automatically lapse and stand void. Consequently, the above writ petitions shall be restored to its original stage and be treated as dismissed as withdrawn and the Respondents shall be at liberty to pursue all legal remedies as if this agreement had never been executed.

i. The Petitioners are at liberty to withdraw the amount deposited by them in Ex No.6/1995 and Ex No.7/1995 pending on the file of 2^nd Additional Civil Judge and JMFC at Chikkaballapur with accrued interest and the respondents have no objection to withdraw the said amount.

j. The Parties to this Compromise Petition hereby declares that they shall have no claim against each other in any manner except for what is provided under this compromise petition and both the parties are at a liberty to approach the revenue authorities to mutate their names in the revenue records as pe the terms stipulated under this compromise petition and either of the parties have no objection for the same.

k. The parties to this Compromise petition, including their legal representatives have agreed that they shall not claim any nature of right, title or interest in the schedule properties allotted in favor the other party.

l. The parties to this compromise petition henceforth shall be the absolute owners having

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NC: 2026:KHC:36950 W.P. No.3531/2019 AND CONNECTED WITH MATTERS

CNR: KAHC010017812019

their right, title, and interest and also enjoy their possession of the respective shares fallen to them under this compromise petition.

m. All the parties to this compromise petition have full consent to this Compromise with their free mind and consent for taking their respective share as specified in the Schedule to this Compromise petition as per separate schedules.

16. Both the petitioners and respondents have agreed that the above stated terms and the contents of this compromise petition is explained in both Telugu and Kannada languages known to them and after they understanding the contents of this compromise petition have affixed their signatures with their free will and wish and without any coercion, undue influence by either of the parties.

WHEREFORE , the Petitioners and Respondents pray that this Hon'ble Court be pleased to accept the compromise and decree the suit in terms of above the compromise, in the interest of justice and equity."

In view of the aforesaid compromise petition,

these writ petitions are disposed of in terms of the compromise petition.

It is needless to observe that if the compromise

is not adhered, it is open for the parties to seek revival of

the petitions in accordance with law.

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CNR: KAHC010017812019

As per the terms of compromise petition, the

petitioner is permitted to withdraw the amount which is deposited before the trial Court along with the accrued

interest.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

ABK List No.: 1 Sl No.: 14

Procedural history

How this case reached the court

AI extract

Order under challenge
Multiple impugned orders: (i) order dated 20.11.2018 in Miscellaneous Appeal No.04/2014 by the Principal Senior Civil Judge and CJM, Chikkaballapura (challenged in W.P.3531/2019, seeking confirmation of the executing court's order in Ex.No.07/1995); (ii) order dated 20.11.2018 in Miscellaneous Appeal No.03/2014 by the same forum (challenged in W.P.16252/2019, seeking confirmation of the order in Ex.No.06/1995); (iii) order dated 20.11.2019 (as printed) in Miscellaneous Appeal No.5/2014 by the same forum (challenged in W.P.51598/2019, seeking confirmation of the order dated 21.12.2013 in Miscellaneous No.7/2007); and (iv) order dated 05.07.2023 in Execution No.50/2010 on the file of the 2nd Additional Civil Judge, JMFC, Chikkaballapur ordering delivery of possession (challenged in W.P.15916/2023).¶29
Principal Senior Civil Judge and CJM at Chikkaballapura; 2nd Additional Civil Judge and JMFC at Chikkaballapur
Prior proceeding
Vysya Bank's recovery suit OS No.313/1989 over mortgaged Sy.No.35/1 (Item No.1) was decreed.¶130
Prior proceeding
Bank filed execution Ex.Case No.7/1995 before the Additional Civil Judge, JR Division, Chikkaballapur.¶135
Prior proceeding
In Ex.No.7/1995 sale proclamation issued and public auction held; respondent No.1 declared successful bidder and sale confirmed; sale certificate executed and registered on 21.04.2007.¶136
Prior proceeding
In 2011 petitioner filed applications to set aside the auction; executing court allowed them vide order dated 21.12.2013; respondent No.1's appeal M.A 4/2014 was allowed vide order dated 20.11.2018, prompting W.P.3531/2019.¶137
Prior proceeding
NHAI acquired 1 acre 36 guntas of Item No.1 in two stages (first notification dated 14.08.2006 under section 3-D(1) and (2) of the National Highway Act 1956); entitlement/apportionment dispute pending in SLP No.(C) 4769/2021; NHAI deposited Rs.12,52,788/- in LAC No.1/2008.¶138
Prior proceeding
NHAI further acquired 1112 sq.mts of Item No.1 on 21.09.2022, proposing Rs.77,26,432/- compensation; 0-15 guntas remain physically in Sy.No.35/1.¶145
Prior proceeding
Vysya Bank's recovery suit OS No.311/1989 over mortgaged Sy.No.78 (Item No.2) was decreed; bank filed execution Ex.Case No.6/1995.¶148
Prior proceeding
Petitioner applied under Order XXI Rule 90 to set aside the auction (37 guntas subject of Venkateshappa's decreed specific-performance suit); respondent No.1 consented to confirmation of the balance 0-37 guntas; executing court confirmed sale of the northern portion on 16.04.2008.¶155
Prior proceeding
In 2013 the executing court set aside the auction sale vide order dated 21.12.2013; respondent No.1's appeal M.A. No.3/2014 was allowed vide order dated 20.11.2018, prompting W.P.16252/2019.¶156
Prior proceeding
Southern portion of Sy.No.78 (0-37 guntas): specific-performance decree in favour of Venkateshappa confirmed by the High Court in RSA No.503/2001; execution Ex.No.20/2001; decree assigned to respondent No.2; registered sale deed executed in favour of respondent No.2 on 19.04.2008; petitioners' challenge in W.P.7004/2008 dismissed on 12.07.2010.¶157
Prior proceeding
Respondent No.2 filed Ex.No.50/10 seeking possession of the southern portion of Sy.No.78 (0-37 guntas); executing court ordered delivery of possession; challenged in W.P.15916/2023.¶158
Prior proceeding
Joint measurement during the petitions: 0-15 guntas left in Sy.No.35/1 after acquisition and 0-43 guntas in Sy.No.78 (now Sy.No.78/2); total available with petitioners 0-58 guntas (01 acre 18 guntas).¶163
Prior proceeding
Respondent No.2 executed a registered agreement of sale and registered GPA in favour of respondent No.1, registered on 26.09.2025 as Document No. CMN-4-00248-2025-26, Book 4, Sub Registrar, Chikkaballapura (Chintamani).¶164