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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 26 TH DAY OF JUNE, 2019

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

WRIT PETITION No.108028 OF 2014 [GM-CPC]

BETWEEN

SMT. LAXMI W/O ANAND NANDI, AGE: 24 YEARS OCC: HOUSEHOLD WORK, R/O. TQ: DIST: BELGAUM-590001 ... PETITIONER (BY SHRI SHIVARAJ S.BALLOLLI FOR SHRI SACHIN S.MAGADUM, ADVOCATE)

AND

1. BASAVARAJ S/O KEMPANNA KULLUR, AGE: 25 YEARS, OCC: AGRICULTURE, R/O. NALLANATTI, TQ: GOKAK, DIST: BELGAUM-590001.

2. CHANDRAKANT S/O. KEMPANNA KULLUR, AGE: 25 YEARS, OCC: AGRICULTURE, R/O. NALLANATTI, TQ: GOKAK, DIST: BELGAUM-590001.

3. KEMPANNA S/O. NINGAPPA KULLUR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. NALLANATTI, TQ: GOKAK, DIST: BELGAUM-590001.

4. KEMPAWWA W/O. KEMPANNA KULLUR, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. NALLANATTI, TQ: GOKAK, DIST: BELGAUM-590001.

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5. SHOBAVVA W/O. SATISH AGALENNAVAR, AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O. HULAKUND, TQ: RAMDURG, DIST: BELGAUM-590001.

6. MANGALA W/O. PUNDALIK WAGGA, AGE: 27 YEARS, OCC: HOUSEHOLD WORK, R/O. , TQ: GOKAK, DIST: BELGAUM-590001.

7. BALAWWA W/O BALAPPA NANDI, AGE: 72 YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK, R/O. CHIKKANANDI, TQ: GOKAK, DIST: BELGAUM-590001.

8. GOURAWWA W/O. YALLAPPA BELAGALI, AGE: 67 YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK, R/O. NALLANATTI, TQ: GOKAK, DIST: BELGAUM-590001.

9. SHIDAPPA S/O. NINGAPPA KULLUR, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. NALLANATTI, TQ: GOKAK, DIST: BELGAUM-590001.

10. SAWWAKKA D/O. NINGAPPA KULLUR, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. NALLANATTI, TQ: GOKAK, DIST: BELGAUM-590001.

11. LAKKAPPA S/O. NINGAPPA KULLUR, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. NALLANATTI, TQ: GOKAK, DIST: BELGAUM-590001. ... RESPONDENTS (BY SHRI H.R.GUNDAPPA, ADVOCATE FOR R1-R4, R9 & R11; NOTICE TO R5 TO R8 & R10 - SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 06.04.2013, PASSED IN O.S.NO.159/2013 ON THE FILE OF PRL.CIVIL JUDGE & JFMC, GOKAK VIDE ANNEXURE-G, AND FINAL DECREE DRAWN ON

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08/04/2013 IN OS.NO.159/2013 ON THE FILE OF PRL.CIVIL JUDGE, GOKAK VIDE ANNEXURE-H.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING – B GROUP , THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Petitioner is challenging the compromise decree passed in O.S.No.159/2013, which suit had been filed by respondent Nos.1 and 2 against respondent Nos.1 to 11 herein, contending interalia that petitioner had already filed a suit in

O.S.No.326/2012 claiming partition of suit schedule properties, which is also the property described in the pliant in O.S.No.159/2013 and as such the plaintiffs and defendants in O.S.No.159/2013 could not have entered into a compromise without making her a party.

2. A perusal of the plaint in

O.S.No.159/2013, which is at annexure-B would disclose that 9 th defendant is one Shri Lakkappa, in the suit filed by the present petitioner in

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O.S.No.326/2012, she has arraigned her father

Lakkappa as 4 th defendant and reading of the plaint would clearly disclose that she is claiming a right over the suit schedule properties through her father

Shri Lakkappa. When said Shri Lakkappa was the defendant in O.S.No.159/2013, petitioner’s right if any is circumscribed by the right vested to

Lakkappa. As such reserving liberty to the petitioners to pursue her grievance in the pending suit in O.S.no.326/2012, this Court is inclined to dismiss the present petition as the compromise entered into between the parties in

O.S.No.159/2013 cannot be held to be unlawful.

Hence, the petition stands dismissed subject to the observation made herein above.

SD/- JUDGE Vnp*