[Cites 3, Cited by 0]
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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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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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
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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
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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
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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
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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
