Karnataka High Court
Manjula vs Shivarao And Ors on 2 December, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2025:KHC-K:7410
WP No. 203615 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
WRIT PETITION NO. 203615 OF 2024 (GM-CPC)
BETWEEN:
SMT. MANJULA W/O MOHAN RATHOD,
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O. JAYANAGAR, KALABURAGI, DIST. RAICHUR.
...PETITIONER
(BY SRI. A. M. NAGRAL, ADVOCATE)
AND:
1. SHIVARAO S/O TIPPANNA SHAHABADI,
AGE: 75 YEARS, OCC: PENSIONER,
R/O. H NO 49 CIB COLONY,
BEHIND CENTRAL BUS STAND, KALABURAGI-
Digitally signed by 585102.
RAMESH
MATHAPATI
2. UJJWAL HOUSING COOPERATIVE SOCIETY
Location: HIGH
COURT OF KALABURAGI THROUGH ITS SECRETORY
KARNATAKA NAGAPPA S/O BASWARAJ GURAGOL,
AGE: 52 YEARS, OCC: SECRETORY,
R/O. M B NAGAR, KALABURAGI- 585103.
3. THE LIQUIDATOR UJJWAL HOUSING
COOPERATIVE SOCIETY, OFFICE OF
ASST REGISTRAR OF THE COOPERATIVE SOCIETY,
KALABURAGI-585101.
...RESPONDENTS
(BY SMT. SRIDEVI B. ALBA, ADVOCATE FOR R1;
R2 AND R3 ARE SERVED)
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NC: 2025:KHC-K:7410
WP No. 203615 of 2024
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT IN THE NATURE OF CERTIORARI ON ANY OTHER
APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE
IMPUGNED ORDER UNDER ANNEXURE-D DATED 16.11.2022
PASSED IN CIVIL MISC.NO. 37/2017 BY THE FILE OF
I ADDITIONAL CIVIL JUDGE, AND JMFC AT KALABURAGI. B)
ISSUE A WRIT IN THE NATURE OF CERTIORARI ON ANY OTHER
APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE
IMPUGNED ORDER UNDER ANNEXURE-F DATED 19.10.2024
PASSED IN M.A.NO. 1/2023 PASSED BY THE PRINCIPAL
SENIOR CIVIL JUDGE KALABURAGI AND ALLOW THE PETITION
FILED BY THE PETITIONER UNDER ORDER IX RULE 13 OF CPC.
C) PASS ANY OTHER SUCH ORDERS OR DIRECTION UNDER
THE CIRCUMSTANCES DEEMS FIT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) This writ petition is filed by defendant No.2 in O.S.No.378/2015 being aggrieved by the order dated 16.11.2022 passed in Civil Miscellaneous No.37/2017 on the file of the I Addl. Civil Judge and JMFC, Kalaburagi, (for short 'the Trial Court') which is confirmed by the order dated 19.10.2024 passed in M.A.No.1/2023 on the file of -3- NC: 2025:KHC-K:7410 WP No. 203615 of 2024 HC-KAR the Principal Senior Civil Judge, Kalaburagi, (for short 'the First Appellate Court').
2. The above suit in O.S.No.378/2015 is filed by plaintiff-Shivarao, who is respondent No. 1 in this writ petition against Ujjwal Housing Co-operative Society (defendant No.1) petitioner herein (defendant No.2) and the Liquidator Ujjwal Housing Co-operative Society (defendant No.3) seeking relief of specific performance in respect of plot bearing No.75 in Survey No.9 of Rajapur Village, Tq: and Dist: Kalaburagi. The defendants including petitioner herein were placed ex-parte. An ex-parte judgment and decree came to be passed on 09.01.2017.
Petitioner herein who is defendant No.2 filed miscellaneous petition under Order IX Rule 13 in Civil Misc.No.37/2017 before the Trial Court, which came to be rejected against which the petitioner preferred a miscellaneous appeal in M.A.No.1/2023 under Order 43 Rule 1(d) of CPC before the First Appellate Court, which also came to be rejected.
Being aggrieved, the petitioner is before this Court.
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3. By Order dated 11.07.2025, this Court upon the request made by the learned counsel for the parties, referred the matter to Mediation Centre, Kalaburagi Bench.
A report of the mediation is produced which reads as under;
Report of Settlement U/Sec 89(B) of CPC and Mediation Act 2023 After understanding the purpose of mediation and the settlement through mediation both the parties have agreed to settle their dispute amicably before the mediator on the following terms and conditions.
1. The respondent no.1 herein had filed O.S. No. 378/2015 for specific performance and deceleration that sale deed dated 17.03.2015 bearing no. 15477/2014-15 executed by defendant no.1 in favour of defendant no.2 is null and void. The trial court decreed the said suit on 09.01.2017, holding that pursuant to the allotment certificate dated 10.09.1981, defendant no.3 is directed to execute the sale deed in favour of plaintiff/respondent no.1 and declared that sale deed dated 17.03.2015 and bearing no. 15477/2014-15 is null and void. The suit property is plot no. 75, in Sy.No. 9 of Rajapur village, Tq. & Dist. Kalaburagi. The petitioner is defendant no.2 in the suit. The suit was decreed ex-parte. Therefore, petitioner has filed Civil.Misc.No. 37/2017 for setting aside the ex-parte decree. The said Misc. petition was dismissed on 16.11.2022. Aggrieved by the same petitioner has filed M.A.No. 1/2023. The said MA also came to be dismissed on 19.10.2024. The petitioner has filed above Writ Petition challenging the both the orders. In meanwhile in execution petition, sale deed has been executed in -5- NC: 2025:KHC-K:7410 WP No. 203615 of 2024 HC-KAR favour of respondent no.1/plantiff on 21.03.2023 in respect of suit property through court commissioner.
2. That the both the parties have appeared before the mediation and settled the matter amicably on the following terms and conditions.
i) That plaintiff/respondent no.1 herein has agreed to withdraw the suit O.S. 378/2015 filed by him in its entirety and he will file separate application under order 23 Rule 1 CPC, in view of settlement between parties.
ii) The plaintiff/respondent no.1 is admitting the ownership of petitioner/defendant no.1 by virtue of sale deed dated 17.03.2015 bearing no.
15477/2014-15 executed by defendant no.2 and consequently is ready to cancel the sale deed bearing no. 24382/22-23 dated 21.03.2023 executed in his favour through court commissioner.
iii) In view of settlement between the parties petitioner/defendant no.2 has agreed to pay Rs. 25,00,000/- (Twenty Five Lakh only) to plaintiff/respondent no.1 through Demand Draft Bearing No. 408432 for Rs. 7,00,000/- No. 408431 for Rs. 9,00,000/- No. 408430 of Rs. 9,00,000/- dated 25.11.2025 of Indian Overseas Bank, Badepur Branch, Kalaburagi.
iv) That plaintiff/respondent no.1 has agreed that the petitioner/defendant no.2 has become the absolute owner of the suit property is plot no. 75, in Sy.No. 9 of Rajapur village, Tq. & Dist. Kalaburagi and not to make any kind of interference in future into peaceful ownership and enjoyment of possession of the plot which is the subject matter of this compromise.
v) The plaintiff/respondent no.1 or his legal heirs successors will not claim any right, ownership over -6- NC: 2025:KHC-K:7410 WP No. 203615 of 2024 HC-KAR the suit property and agreed not to oppose for entering the name of petitioner in the khata and other relevant documents.
vi) That plaintiff/respondent no.1 hereby undertakes to make sure that he and his legal heirs, representatives agents etc shall not act against the spirit of compromise and settlement in view of his acceptance of Rs. 25 lakhs (Rupees Twenty Five Lakhs only) The contents of this settlement have been read over and explained to both the parties in Kannada language and after understanding the same they have signed this settlement on this day 25.11.2025 before the Mediator and respective counsels for the petitioner and respondents.
4. In furtherance to the said compromise, the petitioner who is the defendant No.2 has even procured the Demand Draft for Rs.25,00,000/- as mentioned in paragraph No.2(iii) of the aforesaid report.
5. On a query by this Court, both the petitioner as well as plaintiff-Shivarao, who are personally present before this Court represented by their counsel expressed their understanding and satisfaction to the terms of settlement. Inasmuch as substantial rights of the parties are involved in that, the deed of sale executed through -7- NC: 2025:KHC-K:7410 WP No. 203615 of 2024 HC-KAR Court in favour of plaintiff/respondent No.1 herein is required to be cancelled and the deed of sale which is obtained by defendant No.2/petitioner herein requires to be confirmed on payment of cost of Rs.25,00,000/- as noted above learned counsel for the petitioner and respondent No.1 on instruction seek allowing of this petition and referring the matter to the Trial Court to record the terms of the compromise.
6. The said submission is taken on record. Since the parties have mutually resolved the matter as noted above, the following;
ORDER
(a) The petition is allowed.
(b) The order dated 16.11.2022 passed in Civil
Miscellaneous No.37/2017 on the file of the I Addl. Civil Judge and JMFC, Kalaburagi, and the order dated 19.10.2024 passed in M.A.No.1/2023 on the file of the Principal Senior Civil Judge, Kalaburagi, are hereby set aside.
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(c) Application filed under Order IX Rule 13 is allowed. The suit in O.S.No.378/2015 is restored to the file Civil Judge (Jr.Dn) Kalaburagi.
(d) Parties are directed to appear before the Trial Court on 15.12.2025 without any further notice and they are at liberty to file the compromise petition and obtain such order as permissible under law.
Sd/-
(M.G.S.KAMAL) JUDGE MSR List No.: 1 Sl No.: 45 CT:PK