Karnataka High Court
Khairun Begum vs Mallikarjun S/O. Sidaramappa on 2 August, 2023
Bench: Sachin Shankar Byssmj
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NC: 2023:KHC-D:8148
WP No. 100284 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 100284 OF 2023 (GM-RES)
BETWEEN:
1. KHAIRUN BEGUM
W/O. LATE M. JAHANGIR BASHA,
AGE: 46 YEARS, OCC: HOUSE WIFE,
2. THYSEEN D/O. LATE M. JAHANGIR BASHA,
AGE: 26 YEARS, OCC: HOUSE WIFE,
3. MASTER REHAN,
S/O. LATE M. JAHANGIR BASHA,
AGE: 14 YEARS,
SINCE MINOR HE IS REPRESENTED
BY HIS MOTHER KHAIRUN BEGUM,
W/O. LATE M. JAHANGIR BASHA,
AGE: 46 YEARS,
ALL ARE RESIDENT OF
KHB COLONY, BEHIND KAMALAMMA HOUSE,
GANDINAGAR, BALLARI.
YASHAVANT ...PETITIONERS
NARAYANKAR
(BY SRI PRASHANT MATAPATI, ADVOCATE)
Digitally signed by
YASHAVANT
NARAYANKAR
Location: High
Court of Karnataka,
Dharwad
AND:
MALLIKARJUN S/O. H. SIDARAMAPPA,
AGE: 49 YEARS, OCC: AGRICULTURE & HOUSEHOLD,
R/O. W.NO.5, K.G.N. COLONY, HONNALLI ROAD,
GUGGARAHATTI,
TALUK, DISTRICT: BALLARI.
...RESPONDENT
(BY KUM. RANJITA RADDI ALAGAWADI, ADV. FOR SRI Y.
LAKSHMIKANT REDDY, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED: 24-11-
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NC: 2023:KHC-D:8148
WP No. 100284 of 2023
2022 PASSED BY 1ST ADDITIONAL CIVIL JUDGE AND JMFC BALLARI,
IN EXECUTION PETITION NO. 08 OF 2020 AS PER ANNEXURE-E.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by assailing the
order of the Executing Court on the ground that the
compromise recorded before the Lok-Adalath in a
proceedings for the offence punishable under Section 138 of
N.I. Act cannot be executed as a decree.
2. The said application is rejected by the Executing
Court. The judgment-debtor is before this Court assailing the
order on the ground that she being a legal heir is not under
obligation to satisfy the compromise decree recorded before
the Lok-Adalath.
3. The law in regard to enforcement of compromise
arrived before the Lok Adalath in the proceedings under
Section 138 of N. I. Act is no more res-integra. This Court in
catena of judgments has held that it can be enforced as a
civil decree. The second contention of the petitioner, who is a
widow, that she is not personally liable to discharge the debt
NC: 2023:KHC-D:8148
WP No. 100284 of 2023
of her husband also cannot be entertained. If the petitioner
has succeeded to the estate of the deceased, who entered
into compromise in proceedings under Section 138 of the
N.I. Act, the petitioner being a widow and having succeeded
to the estate of her husband is bound to satisfy the decree.
Accordingly, the writ petition being devoid of merits stands
dismissed.
4. In view of disposal of the petition, pending
interlocutory applications, if any, do not survive for
consideration and are disposed of accordingly.
Sd/-
JUDGE
YAN
