Karnataka High Court
Sabanna vs Chandrashekar on 26 September, 2023
Bench: E.S.Indiresh
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NC: 2023:KHC-K:7694
WP NO.202608 OF 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO. 202608 OF 2023 (GM-CPC)
BETWEEN:
SABANNA
S/O NARASAPPA KUMBAR
AGED ABOUT 64 YEARS,
OCC: AGRICULTURE,
R/O SEDAM TALUK,
KALABURAGI DISTRICT.
PETITIONER
(BY SRI. S.D. RATHOD, ADVOCATE)
AND:
CHANDRASHEKAR
S/O BHIMSHA,
Digitally AGED ABOUT 66 YEARS,
signed by OCC: AGRICULTURE,
VARSHA N
RASALKAR R/O UDGI, SEDAM TALUK,
Location: KALABURAGI DISTRICT.
High Court
Of Karnataka ...RESPONDENT
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE
THE COMPROMISE ORDER DATED 21 ST OCTOBER, 2020 VIDE
ANNEXURE-F AND DECREE DATED 02ND NOVEMBER, 2020 VIDE
ANNEXURE-G PASSED BY THE SENIOR CIVIL JUDGE, SEDAM IN
ORIGINAL SUIT NO.14 OF 2019; AND ETC.
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THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, petitioner is challenging
compromise order dated 21st October, 2020 (Annexure-F)
and decree dated 02nd November, 2020 (Annexure-G)
passed in Original Suit No.14 of 2019 by the Senior Civil
Judge, Sedam (for short, hereinafter referred to as 'Trial
Court').
2. The respondent/plaintiff has filed suit in Original
Suit No.14 of 2019 on the file of the Trial Court for specific
performance of contract. In the said suit, compromise
petition under Order XXIII Rule 3 of the Code of Civil
Procedure was filed before the Trial Court as per
Annexure-C. The compromise petition as well as the Joint
Memo dated 18th September, 2020 (Annexure-D), seeking
to refer the matter to the Lok Adalat is signed by the
petitioner herein. The suit was disposed of on 21st
October, 2020 in terms of the Compromise petition. As
there is no compliance of the compromise petition entered
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into between the parties before the Lok Adalat, the
respondent/plaintiff filed Execution Petition No.21 of 2021
as per Annexure-E.
3. In the present writ petition, the petitioner has
challenged the order of compromise as well as the decree
in Original Suit No.14 of 2019 on the ground that the
matter was not referred to the Lok Adalat and the same
was not disposed of before the Lok Adalat on 21st October,
2020. Hence, this writ petition.
4. Sri. S.D. Rathod, learned counsel appearing for
the petitioner vehemently contended on the date of
preliminary hearing before this Court i.e., on 15th
September, 2023 that the Lok Adalat was not held on 21 st
October, 2020 at the Court of Senior Civil Judge, Sedam
and it is his categorical submission that the Trial Court has
passed the order on 21st October, 2020 without the
consent of the parties and made allegation against the
learned Judge of the Trial Court. Accordingly, he sought
for interference of this Court.
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5. In the backdrop of these aspects, this Court
directed the learned Senior Civil Judge, Sedam to place
the entire records pertaining to Original Suit No.14 of
2019. The said original records were received by the
registry and same were made available to the learned
counsel appearing for the petitioner to look into the
records relating to the allegation made against the learned
Trial Court Judge by the petitioner. I have also given my
anxious consideration to the submission made by the
learned counsel appearing for the petitioner as well as
gone into the order sheet maintained by the Trial Court
wherein, it is forthcoming in the order sheet that, on 19 th
September, 2020 the case was advanced and IA.4 was
filed under Section 151 of the Code of Civil Procedure and
same came to be allowed. Learned Advocates for both the
sides particularly, the plaintiff and defendant filed
compromise petition and at their request, the matter was
adjourned to 16th October, 2020 for reporting settlement.
Thereafter, the case was placed before the Lok Adalat on
21st October, 2020. The petitioner, herein has signed the
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order sheet before the Lok Adalat proceedings on 21st
October, 2020.
6. Having taken note of the aforementioned facts, I
am of the view that the petitioner has mislead this Court,
pointing out and undermine the learned member of the
District Judiciary. Hon'ble Supreme Court in the case of
KISHORE SAMRITE vs. STATE OF UTTAR PRADESH
AND OTHERS reported in (2013)2 SCC 398 and in the
case of PUSHPA B.R. AND OTHERS vs. STATE OF
KARNATAKA, DEPARTMENT OF URBAN
DEVELOPMENT AND OTHERS reported in (2019) 1 KLJ
70, held about the abuse of process of law. Following the
aforementioned judgments, I am of the view that, it is a
clear case of abuse of process of law by the petitioner
herein making an allegation against the Trial Court stating
that there was no sitting on 21st October, 2020, despite
the Lok Adalat was held on the said date and the
petitioner has signed the order sheet and signature has
been identified by the learned counsel appearing the
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petitioner/defendant. In that view of the matter, taking
into consideration the conduct of the petitioner, this
petition is dismissed with exemplary cost of
Rs.2,00,000/- (Rupees Two Lakh only) to be payable by
the petitioner to the Chief Minster's Relief Fund, within
four weeks from today, failing which, the Deputy
Commissioner, Kalaburgi District, shall recourse to attach
the immovable property of the petitioner under the
provisions of Karnataka Land Revenue Act, 1964.
Registry is directed to return the original records to
the Senior Civil Judge, Sedam and further copy of this
order be sent to the Deputy Commissioner, Kalaburgi
District to take action for recovery of the cost imposed
above.
Ordered accordingly.
Sd/-
JUDGE
ARK
