Writ Petition No. 19886 of 2021 · The High Court
Case Details
- 1 - NC: 2025:KHC:1266 WP No. 19886 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 19886 OF 2021 (KLR-RES) BETWEEN: 1. SRI. NAZEER SAB S/O LATE KAREEM SAB AGED ABOUT 56 YEARS R/T NO.1368 2ND CROSS KASABA HOBLI, BANGARAPET TOWN BANGARPET TALUK KOLAR DISTRICT-563 114. (BY SRI. JAYALAKSHMI .K.B, ADVOCATE) AND: 1. THE TAHSILDAR BANGARPET TALUK KOLAR DISTRICT-563 114. …PETITIONER Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
Legal Reasoning
2. SRI. SRINIVASAIAH S/O LATE KRISHNAPPA AGED ABOUT 57 YEARS R/AT POLENAHALLI VILLAGE KASABA HOBLI, BANGARPET TALUK KOLAR DISTRICT-563 114. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1; SMT. MANJULA, ADVOCATE FOR R2) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO - 2 - NC: 2025:KHC:1266 WP No. 19886 of 2021 CONSIDER THE REPRESENTATION DATED 16.10.2020 AND 03.08.2021 GIVEN BY THE PETITIONER HEREIN VIDE ANNEXURE-A AND B RESPECTIVELY AND DIRECT THE R2 TO CO-OPERATE WITH THE CHANGE OF KATHA IN FAVOUR OF PETITIONER AND PUT THE PETITIONER IN POSSESSION IN THE SCHEDULE PROPERTY MENTIONED IN THIS WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking a direction to consider the petitioner's representations dated 16.10.2020 and 3.8.2021 and redo the mutations aligning with the schedule indicated in the sale deed obtained by the petitioner herein from respondent No.2. 2. Pending consideration of the captioned petition, petitioner and respondent No.2 have filed a joint compromise petition. Under the joint compromise - 3 - NC: 2025:KHC:1266 WP No. 19886 of 2021 petition, petitioner and respondent No.2 have agreed to exchange Survey No.3/1 and 3/3. In the joint compromise petition, respondent No.2 has given consent to mutate petitioner's name to Survey No.3/3, similarly, petitioner has consented to mutate the name of respondent No.2 in respect of Survey No.3/1. Respondent No.2 has also agreed to deliver possession of the property bearing Survey No.3/3 after change of katha. 3. On a query, both the parties to the petition have stated that the contents of the joint compromise petition is read over and explained to them in Kannada. Both the parties have stated in unequivocal terms that they have understood the terms and conditions incorporated in the joint compromise petition. 4. The said compromise is lawful and the same is entered into out of their free will and consent. None of the parties who are signatories to the compromise petition have complained any duress, coercion or undue influence. - 4 - NC: 2025:KHC:1266 WP No. 19886 of 2021 5. This Court has also queried both counsel on record in regard to mode of settlement. Both the counsel referring to the recitals in the compromise petition have pointed out that petitioner herein agreement of sale in respect of 29 guntas in original Survey No.3/1 including one gunta of kharab land. After obtaining the sale agreement, litigation arose and the family members of respondent No.2 filed a suit in O.S.No.157/2006. In the said suit, the sale agreement obtained by the petitioner herein was declared as null and void and not binding on the plaintiff. Accordingly, plaintiffs in the said suit were allotted share in Survey No.3/1 which was the subject matter of partition suit and the said land measuring entire extent of 60 guntas was allotted to them. 6. During pendency of the suit, petitioner and respondent No.2 arrived at a compromise and respondent No.2 agreed to exchange Survey No.3/3 which was the sub-divided portion of Survey No.3/1 measuring 60 guntas. While in an appeal filed in R.A.No.18/2012, - 5 - NC: 2025:KHC:1266 WP No. 19886 of 2021 petitioner and respondent No.2 and his father filed a memo on 17.09.2012 and agreed to execute the sale deed in favour of the petitioner in respect of suit schedule item No.1 vide Survey No.3/1 in O.S.No.157/2006 as per their share allotted to them as per the judgment and decree in O.S.No.157/2006. 7. The compromise strictly aligns with the boundaries mentioned in the sale deed executed by respondent No.2. Though petitioner's name is mutated to Survey No.3/1, the boundaries reflected in the sale deed obtained by the petitioner infact tally with the boundaries of Survey No.3/3. It is in this background, petitioner and respondent No.2 have agreed to exchange katha strictly aligning with the boundaries executed by respondent No.2 in favour of the petitioner. 8. In terms of the compromise petition, respondent No.2 and petitioner have also consented to mutate the name of the petitioner to Survey No.3/3, while - 6 - NC: 2025:KHC:1266 WP No. 19886 of 2021 petitioner has consented to mutate the name of respondent No.2 to Survey No.3/1. 9. On meticulous examination of the terms of the compromise petition, this Court is satisfied that the compromise arrived at by both the parties is lawful and the compromise needs to be admitted on record to enable the parties to give a quietus to the dispute. Hence, this compromise petition is admitted and taken on record. 10. The compromise now arrived at between the parties also aligns with the boundaries indicated in the sale deed dated 4.3.2009. Since kathas, more particularly, Survey No.3/3 runs conflict to the boundaries indicated in the sale deed, the parties are entitled to get the matter compromised. 11. Accordingly, this Court proceeds to pass the following: - 7 - NC: 2025:KHC:1266 WP No. 19886 of 2021
Decision
ORDER (i) The writ petition stands disposed of in terms of the joint compromise petition. (ii) Respondent No.1/Tahsildar is directed to look into the compromise petition tendered before this Court and shall ensure that petitioner's name is entered in the RTC pertaining to Survey No.3/3 and similarly, the name of respondent No.2 who is the owner is mutated in the RTC pertaining to Survey No.3/1 in terms of the compromise tendered before this Court. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 80