Smt. Nirmala Shivabasappa W/O ... vs Mr. Vijayendra Tuppad S/O Late ...
2022 Latest Caselaw 3940 Kant

                                         WP NO.105032/2021


                          :1:


            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

         DATED THIS THE 8TH DAY OF MARCH, 2022
                        BEFORE
        THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ

         WRIT PETITION No.105032/2021 (GM-RES)

BETWEEN:

1.     SMT. NIRMALA SHIVABASAPPA
       W/O LATE SHIVABASAPPA
       ALIAS CHANNABASAPPA TUPPAD
       AGED ABOUT 57 YEARS, HOMEMAKER,
       R/A AKKI ALUR VILLAGE 581102,
       HANAGAL TALUK, HAVERI DISTRICT.

2.     MS. CHAITANYA TUPPAD
       D/O LATE SHIVABASAPPA
       ALIAS CHANNABASAPPA TUPPAD
       AGE. 26 YEARS,
       AKKI ALUR VILLAGE 581102,
       HANAGAL TALUK, HAVERI DISTRICT.
                                          ...PETITIONERS
(BY SRI. MADANGOUDA N. PATIL, ADVOCATE)

AND:

MR. VIJAYENDRA TUPPAD
S/O LATE SHIVABASAPPA
ALIAS CHANNABASAPPA TUPPAD
AGED ABOUT 28 YEARS,
AKKI ALUR VILLAGE 581102.
HANAGAL TALUK, HAVERI DISTRICT.
                                           ...RESPONDENT

(BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE)
                                                   WP NO.105032/2021


                                 :2:


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET
ASIDE THE DECREE DATED 11.08.2021 IN O.S.NO.88/2021
PASSED BY THE SR.CIVIL JUDGE AND JMFC, HANAGAL.
(ANNEXURE-D).

     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                                ORDER

1. The petitioners and respondent and their respective

counsels, have filed a joint memo submitting that the

above writ petition could be allowed and the

judgment and decree in O.S.No.88/2021 passed by

the Senior Civil Judge, Hangal dated 11.08.2021 be

set aside and the matter be remanded to the said

Court for fresh consideration.

2. Smt. Nirmala Shivabasappa Tuppad, petitioner No.1,

Ms.Chaitanya Tuppad, petitioner No.2 and

Sri.Vijayendra Tuppad, respondent No.1, are present

before this Court today and are identified by their

respective counsels. On enquiry, all three of them

submit that they have voluntarily of their own free

will and volition, agreed for setting aside the WP NO.105032/2021

compromise decree passed in O.S.No.88/2021 and

for remand of the matter to the trial Court.

3. Accepting the said memo, the compromise decree in

O.S.No.88/2021 dated 11.08.2021 is set aside. The

matter is remitted to the Senior Civil Judge, Hangal.

4. Writ petition is disposed of.

Sd/-

JUDGE

gab