Karnataka High Court
Smt. Bebitai W/O Dinesh Kakade vs Digambar S/O Tukaram Raji Jadhav on 21 April, 2026
-1-
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 21ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.104039 OF 2024 (GM-CPC)
C/W
WRIT PETITION NO.113891 OF 2019 (GM-R/C)
WRIT PETITION NO.102806 OF 2022 (GM-CPC)
IN WP No.104039/2024
BETWEEN:
RAOSAHEB S/O HINDURAO KAKADE
SINCE DECEASED BY HIS LRS.
SUSHILA D/O RAOSAHEB KAKADE
SINCE DECEASED BY HER LRS.
1. SATISH @ SACHIN S/O RAOSAHEB KAKADE,
AGE. 49 YEARS, OCC. NIL, R/O. CHIKALI,
TQ. KAGAL, DIST. KOLHAPUR,
STATE MAHARASHTRA- 416235
2. SUREKHA D/O RAOSAHEB KAKADE
MOHANKUMAR AGE. 46 YEARS, OCC. NIL, R/O. CHIKALI,
B SHELAR TQ. KAGAL, DIST. KOLHAPUR,
STATE MAHARASHTRA-416235
Digitally signed by DINESH S/O HINDURAO KAKADE
MOHANKUMAR B SINCE DECEASED BY HIS LRS.
SHELAR
Date: 2026.04.28
14:53:09 +0530 3. ANAND S/O DINES KAKADE,
AGE. 49 YEARS, OCC. PRIVTE WORK,
R/O. H.NO. 248/E, WARD NO. 57,
DAULAT NAGAR, KOLHAPUR,
STATE MAHARASHTRA- 416008
KAKASAHEB S/O HINDURAO KAKADE
SINCE DECEASED REP BY
4. VIJAYA W/O KAKASAHEB KAKADE
AGE. 72 YEARS, OCC. HOUSEHOLD WORK,
-2-
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
R/O. CHIKALI, TQ. KAGAL, DIST. KOLHAPUR,
STATE MAHARASHTRA -416235
5. MANISHA @ SUKHDA W/O SURYAKANT CHAVAN
AGE. 53 YEARS, OCC. HOUSEHOLD WORK,
R/O. LANJA, TQ. AND DIST. RATNAGIRI,
STATE MAHARASHTRA - 416701
6. SUNITA W/O RAJENDRA PATIL
AGE. 49 YEARS, OCC. HOUSEHOLD WORK,
R/O. SHAHUPURI, OPP. MAHAVEER GARDEN,
KOLHAPUR, TQ. AND DIST. KOLHAPUR,
STATE MAHARASHTRA 416001
7. MAHESH S/O KAKASAHEB KAKADE
AGE. 56 YEARS, OCC. HOUSEHOLD WORK,
R/O. CHIKALI, TQ. KAGAL, DIST. KOLHAPUR,
STATE. MAHARASHTRA- 416235
ASHOK S/O DINKAR GARAD
SINCE DECEASED BY HIS LRS.
8. ALKA W/O ASHOK GARAD
AGE. 65 YEARS, OCC. HOUSEHOLD WORK,
R/O. BENADI, TQ. CHIKKODI,
DIST. BELAGAVI 591215
9. PRAKASH S/O ASHOK GARAD
AGE. 45 YEARS, OCC. HOUSEHOLD WORK,
R/O. BENADI, TQ. CHIKKODI,
DIST. BELAGAVI 591215
...PETITIONERS
(BY SRI. MAHANTESH R PATIL, ADVOCATE)
AND:
1. DIGAMBAR S/O TUKARAM JADHAV
AGE. 65 YEARS, OCC. AGRICULTURE,
R/O. ULEGADDIWADI, POST. EXAMBA,
TQ. CHIKKODI, DIST. BELAGAVI 591201
2. MANGAL S/O RAVAJI CHAVAN PATIL
AGE. 59 YEARS, OCC. NIL,
R/O. SHASTRI NAGAR, BEHIND PRAKASH
-3-
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
TALKIES, BELAGAVI, TQ & DIST. BELAGAVI 590001
3. SAVITA W/O RAMESH FALAKE
AGE. 52 YEARS, OCC. NIL,
R/O. FALAKWADI, NEAR ASTHA,
TQ. WALAVA, DIST. SANGALI 416313
4. VAISHALI W/O KIRAN NIMBALKAR
AGE. 59 YEARS, OCC. AGRI
AND HOUSEHOLD WORK, R/O. KENYA PARK,
UCHAGAON, TQ. KARVEER,
DIST. KOLHAPUR 416005
5. BEBITAI W/O DINESH KAKADE
AGE. 73 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO. 248/E, WARD NO. 57,
DAULAT NAGAR, KOLHAPUR,
STATE MAHARASHTRA - 416008
6. SUMAN D/O RAOSAHEB KAKADE
AGE: 46 YEARS, OCC: NIL.,
R/O: CHIKALI, TQ. KAGAL, DIST. KOLHAPUR
STATE MAHARASHTRA-416235.
7. MAHADEVI D/O RAOSAHEB KAKADE
SINCE DECEASED BY HER LRS.,
7a. SURAJ S/O PANDURANG JADHAV
AGE: 32 YEARS, OCC: AGRICULTURE
R/O: GHATAGE GALLI, TALASI,
TQ. RADHANAGARI, DIST. KOLHAPUR,
STATE MAHARASHTRA.
7b. MEGHA W/O. VINAYAK SALUNKE
AGE: 35 YEARS, OCC: HOUSEHOLD WORK
R/O: HONAGUTTI, TQ & DIST. KOLHPAUR
STATE: MAHARASHTRA.
7c. PRIYANKA W/O SHETANK GHATAGE
AGE: 33 YEARS, OCC: HOUSEHOLD WORK
R/O: DAULAT VIDYA MANDIR, MADILIGE B.K
MADILIGE K.H, TQ. BUDARGADH
DIST. KOLHAPUR, STATE: MAHARASHTRA.
8. UDAY S/O DINESH KAKADE
SINCE DECEASED BY HIS LR'S.,
-4-
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
8a. RENU W/O UDAY KAKADE
AGE: 41 YEARS, OCC: SERVICE
R/O: EG57, DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR,
TQ & DIST. KOLHAPUR,
STATE MAHARASHTRA-416008.
8b. VAISHNAVI D/O UDAY KAKADE
AGE: 24 YEARS, OCC: SERVICE
R/O: EG57, DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR,
TQ & DIST. KOLHAPUR,
STATE MAHARASHTRA-416008.
8c. SAVALI D/O UDAY KAKADE
AGE: 22 YEARS, OCC: SERVICE
R/O: EG57, DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR,
TQ & DIST. KOLHAPUR,
STATE MAHARASHTRA-416008.
9. SURAJ S/O. PANDURANG JADHAV,
AGE. 32 YEARS, OCC. AGRICULTURE,
R/O. GHATAGE GALLI TALASHI,
TALUK. RADHANAGARI, DIST. KOLHAPUR,
STATE. MAHARASTRA.
10. MEGHA W/O. VINAYAK SALUNKE,
AGE. 35 YEARS, OCC. HOUSEHOLD WORK,
R/O. HONAGUTTI, DIST. KOLHAPUR,
STATE. MAHARASTRA.
11. PRIYANKA W/O. SHETANK GHATAGE,
AGE. 33 YEARS, OCC. HOUSEHOLD WORK,
R/O. DAULAT VIDYA MANDIR, MADILIGE B.K.,
MADILIGE KH, TALUK. BUDARGADH,
DIST. KOLHAPUR, STATE. MAHARASTRA.
12. SMT. RENU W/O. UDYA KAKADE,
AGE. 41 YEARS, OCC. SERVICE,
R/O. EG 57 DAULAT NAGAR,
-5-
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR, TALUK. KOLHAPUR,
DIST. KOLHAPUR, STATE. MAHARASTRA PIN-416008.
13. KUMARI. VAISHNAVI D/O. UDAY KAKADE,
AGE. 24 YEARS, OCC. STUDENT,
R/O. EG 57 DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR, TALUK. KOLHAPUR,
DIST. KOLHAPUR, STATE. MAHARASTRA PIN-416008.
14. KUMARI. SAVALI D/O. UDAY KAKADE,
AGE. 22 YEARS, OCC. STUDENT,
R/O. EG 57 DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR, TALUK. KOLHAPUR,
DIST. KOLHAPUR, STATE. MAHARASTRA PIN-416008.
...RESPONDENTS
(BY SRI. RAMACHANDRA A. MALI, ADV FOR R1
SRI. P.S. ANTAKKANAVAR, ADV FOR R2,
SRI. SHIVARAJ P. MUDHOL, ADV FOR R4,
SRI. VIJAYKUMAR B.HORATTI,ADV FOR R7(A-C) & R8(A-C), R9-R14)
NOTICE TO R3, R5 & R6 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND
QUASH THE COMPROMISE DECREE PASSED BY THE COURT OF VII
ADDL. DISTRICT & SESSIONS JUDGE BELAGAVI SITTING AT
CHIKKODI AND JUDICIAL CONCILIATOR, DATED 25/03/2014 IN R. A.
NO.241/2007 PRODUCED AT ANNEXURE-D & ETC.
IN WP NO.113891/2019
BETWEEN:
SOU.VAISHALI W/O KIRAN NIMBALKAR
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O: KENYA PARK, UCHAGAON,
TQ: KARAVEER, DIST: KOLHAPUR,
MAHARASHTRA STATE.
...PETITIONER
(BY SRI. SHIVARAJ P MUDHOL, ADVOCATE)
-6-
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
AND:
1. SHRI.DIGAMBAR S/O TUKARAM JADHAV
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: ULEGADDIWADI, POST: EXAMBA,
TQ: CHIKKODI, DIST: BELAGAVI
2. SHRI.SATISH @ SACHIN
S/O RAOSAHEB KAKADE,
AGE: 37 YEARS, OCC: NIL,
R/O: CHIKALI, TQ: KAGAL,
DIST: KOLHAPUR MAHARASHTRA STATE.
3. SHRI. SUMAN D/O RAOSAHEB KAKADE
AGE: 37 YEARS, OCC: NIL, R/O: CHIKALI,
TQ: KAGAL, DIST: KOLHAPUR
MAHARASHTRA STATE.
4. SUREKHA D/O RAOSAHEB KAKADE
AGE: 39 YEARS, OCC: NIL, R/O: CHIKALI,
TQ: KAGAL, DIST: KOLHAPUR
MAHARASHTRA STATE.
5. MAHADEVI D/O RAOSAHEB KAKADE
SINCE DECEASED BY HER LRS.,
5a. SURAJ S/O PANDURANG JADHAV
AGE: 28 YEARS, OCC: AGRICULTURE
R/O: GHATAGE GALLI, TALASI,
TQ. RADHANAGARI, DIST. KOLHAPUR,
STATE MAHARASHTRA-416208.
5b. SMT. MEGHA W/O. VINAYAK SALUNKE
AGE: 34 YEARS, OCC: HOUSEHOLD WORK
R/O: SALUNKE GALLI, HONAGUTTI,
TQ. , DIST. KOLHAPUR
STATE: MAHARASHTRA-416209.
5c. SMT. PRIYANKA
W/O SHWETANK GHATAGE
AGE: 30 YEARS, OCC: HOUSEHOLD WORK
R/O: DAULAT VISYA MANDIR,
MADILIGE B.K, MADILIGE K.H,
TQ. BUDARGADH, DIST. KOLHAPUR,
STATE: MAHARASHTRA-416209.
6. SMT. BEBITAI W/O DINESH KAKADE
-7-
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O: H.NO.248/E, WARD NO.57,
DAULAT NAGAR, KOLHAPUR
MAHARASHTRA STATE.
7. SHRI. UDAY S/O DINESH KAKADE
SINCE DECEASED BY HIS LR'S.,
7a. SMT. RENU W/O UDAY KAKADE
AGE: 41 YEARS, OCC: SERVICE
R/O: EG57, DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR,
TQ. KOLHAPUR, DIST. KOLHAPUR,
STATE MAHARASHTRA-416008
7b. KUMARI VAISHNAVI D/O UDAY KAKADE
AGE: 24 YEARS, OCC: STUDENT
R/O: EG57, DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR,
TQ. KOLHAPUR, DIST. KOLHAPUR,
STATE MAHARASHTRA-416008
7c. KUMARI SAVALI D/O UDAY KAKADE
AGE: 22 YEARS, OCC: STUDENT
R/O: EG 57, DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR,
TQ & DIST. KOLHAPUR,
STATE MAHARASHTRA-416008
8. SHRI. ANAND S/O DINESH KAKADE
AGE: 36 YEARS, OCC: HOUSE HOLD WORK,
R/O: 248/E, WARD NO.57,
DAULAT NAGAR, KOLHAPUR,
MAHARASHTRA STATE.
9. SMT. VIJAYA WO KAKASAHEB KAKADE
AGE: 60 YEAWRS, OCC: HOUSE HOLD WORK,
R/O: CHIKALI, TQ: KAGAL,
DIST: KOLHAPUR, MAHARASHTRA STATE.
10. SMT. MANISHA W/O SURYAKANT CHAVAN
AGE: 40 YEARS, OCC: HOUSE HOLD WORK,
R/O: LANJA, DIST: RATNAGERI
MAHARASHTRA STATE.
-8-
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
11. SMT. SUNITA W/O RAJENDRA PATIL
R/O: SHAHUPURI, OPP: MAHAVEER GARDEN,
KOLHAPUR, MAHARASHTRA STATE.
12. SHRI.MAHESH S/O KAKASAHEB KAKADE
AGE: 34 YEARS, OCC: HOUSE HOLD WORK,
R/O: CHIKALI, TQ: KAGAL,
DIST: KOLHAPUR, MAHARASHTRA STATE.
13. SMT. ALKA W/O ASHOK GARAD
AGE: 53 YEARS, OCC: HOUSE HOLD WORK,
R/O: BENADI, TQ: CHIKODI, DIST: BELAGAVI.
14. SMT. MANGAL W/O RAVAJI CHAVAN PATIL
AGE: 47 YEARS, OCC: NIL,
R/O: SHASTRI NAGAR,
BEHIND PRAKASH TALKIES,
BELAGAVI, DIST: BELAGAVI.
15. SMT. SAVITA W/O RAMESH FALAKE
AGE: 35 YEARS, OCC: NIL,
R/O: FALAKWADI, NEAR ASTHA,
TQ: WALAVA, DIST: SANGLI, MAHARASHTRA STATE.
...RESPONDENTS
(BY SRI. RAMACHANDRA A. MALI, ADV FOR R1
SRI. P.S. ANTAKKANAVAR, ADV FOR R14,
SRI. MAHANTESH R PATIL, ADV FOR R2, R4, R8 TO R13 & R15
SRI. RAJASHEKHAR BURJI, ADV FOR R6,
SRI. VIJAYKUMAR B. HORATTI, ADV FOR R5(A TO C) & R7(A TO C)
NOTICE TO R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO,
1. ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED COMPROMISE DECREE PASSED IN LOK-ADALAT IN
REGULAR APPEAL NO.241/2007 DATED 25.03.2014 PASSED BY THE
VII ADDL. DISTRICT & SESSIONS JUDGE, BELAGAVI SITTING AT
CHIKKODI VIDE ANNEXURE-A.
2. TO DIRECT THE LOWER APPELLATE COURT TO RESTORE THE
R.A.NO.241/2007 AND TO DECIDE THE APPEAL ON IS MERITS & ETC.
-9-
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
IN WP NO.102806/2022
BETWEEN:
SMT. BEBITAI W/O. DINESH KAKADE,
AGED ABOUT 68 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO.248/E, WARD NO.57, DAULAT NAGAR,
KOLHAPUR-416001, MAHARASHTRA STATE.
...PETITIONER
(BY SRI. RAJASHEKHAR BURJI, ADVOCATE)
AND:
1. DIGAMBAR S/O. TUKARAM RAJI JADHAV,
AGED ABOUT 65 YEARS, OCC: AGRICULTURE,
R/O: ULEGADDIWADI, POST: EXAMBA,
TQ: CHIKKODI, DIST: BELAGAVI-591201.
2. SMT. SUSHILA D/O. RAOSAHEB KAKADE,
AGED ABOUT 70 YEARS, OCC: NIL,
R/O: CHIKALI, TQ: KAGAL, DIST: KOLHAPUR-416001,
MAHARASHTRA STATE.
SINCE RESPONDENT NO.2 HAS DIED, LEAVING BEHIND
RESPONDENT NOS.3, 4 AND 5 AS HER LEGAL
REPRESENTATIVES.
3. SATISH @ SACHIN, S/O. RAOSAHEB KAKADE,
AGED ABOUT : 45 YEARS, OCC: AGRICULTURE,
R/O: CHIKALI, TQ: KAGAL, DIST: KOLHAPUR-416001,
MAHARASHTRA STATE.
4. SUMAN, D/O. RAOSAHEB KAKADE
AGED ABOUT 44 YEARS, OCC: NIL,
R/O: CHIKALI, TQ: KAGAL, DIST: KOLHAPUR-416001,
MAHARASHTRA STATE.
5. SUREKHA, D/O. RAOSAHEB KAKDE,
AGED ABOUT 42 YEARS, OCC. NIL,
R/O. CHIKALI, TQ. KAGAL DIST. KOLHAPUR-416001,
MAHARASHTRA STATE.
6. SMT. MAHADEVI, D/O. RAOSAHEB KAKADE,
AGED ABOUT 40 YEARS, OCC. NIL,
R/O. CHIKALI, TQ. KAGAL, DIST. KOLHAPUR-416001,
MAHARASHTRA STATE.
SINCE RESPONDENT NO.6 DIED, LEAVING BEHIND THE
- 10 -
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
FOLLOWING LEGAL REPRESENTATIVES
6(a). SURAJ, S/O. PANDURANG JADHAV,
AGED ABOUT 32 YEARS, OCC: AGRICULTURE,
R/O: GHATAGE GALLI, TALASHI, TQ. RADHANAGAR,
DIST. KOLHAPUR, MAHARASHTRA STATE.
6(b). MEGHA, W/O. VINAYAK SALUNKE,
AGED ABOUT 35 YEARS, OCC: HOUSEHOLD WORK,
R/O: HONAGUTTI, DIST. KOLHAPUR,
MAHARASHTRA STATE.
6(c). PRIYANKA, W/O. SHETANK GHATAGE,
AGED ABOUT 33 YEARS, OCC: HOUSEHOLD WORK,
R/O: DAULAT VIDYA MANDIR, MADILIGE B.K,
MADILIGE B.K., TQ. BUDARADH, DIST. KOLHAPUR,
MAHARASHTRA STATE.
7. UDAY, S/O. DINESH KAKADE,
AGED ABOUT 45 YEARS, OCC. PVT. SERVICE,
R/O. H.NO.248/E, WARD NO.57, DAULAT NAGAR,
KOLHAPUR-416001, MAHARASHTRA STATE.
SINCE RESPONDENT NO.7 DIED, LEAVING BEHIND
THE FOLLOWING LEGAL REPRESENTATIVES
7(a). RENU W/O. UDAY KAKADE,
AGE: 41 YEARS, OCC: SERVICE,
R/O: EG57, DAULAT NAGAR,
NEAR SUSHREETA HOSPITAL,
RAJARAMPURI, KOLHAPUR,
TQ. AND DIST. KOLHAPUR, MAHARASHTRA STATE.
7(b). KUMARI. VAISHNAVI D/O. W/O. UDAY KAKADE,
AGE: 24 YEARS, OCC: STUDENT,
R/O: EG57, DAULAT NAGAR,
NEAR SUSHREETA HOSPITAL,
RAJARAMPURI, KOLHAPUR,
TQ. AND DIST. KOLHAPUR, MAHARASHTRA STATE.
7(c). KUMARI. SAVALI D/O. W/O. UDAY KAKADE,
AGE: 22 YEARS, OCC: STUDENT,
R/O: EG57, DAULAT NAGAR,
NEAR SUSHREETA HOSPITAL,
RAJARAMPURI, KOLHAPUR,
TQ. AND DIST. KOLHAPUR, MAHARASHTRA STATE.
- 11 -
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
8. ANAND S/O. DINESH KAKADE,
AGED ABOUT 43 YEARS, OCC: SERVICE,
R/O: H.NO.248/E, WARD NO.57,
DAULAT NAGAR, KOLHAPUR-416001,
MAHARASHTRA STATE.
9. SMT. VIJAYA W/O. KAKASAHEB KAKADE,
AGED ABOUT 65 YEARS, OCC: HOUSE HOLD WORK,
R/O: CHIKALI, TQ: KAGAL, DIST: KOLHAPUR-416001,
MAHARASHTRA STATE.
10. SMT. MANISHA W/O. SURYAKANT CHAVAN,
AGED ABOUT 46 YEARS, OCC: HOUSE HOLD WORK,
R/O: LANJA, DIST: RATNAGERI-415612,
MAHARASHTRA STATE.
11. SMT. SUNITA W/O. RAJENDRA PATIL,
AGED ABOUT 45 YEARS, OCC. HOUSE HOLD WORK,
R/O: SHAHUPURI, OPP: MAHAVEER GARDEN,
KOLHAPUR-416001, MAHARASHTRA STATE.
12. MAHESH S/O. KAKASAHEB KAKADE,
AGED ABOUT 40 YEARS, OCC: SERVICE,
R/O: CHIKALI, TQ: KAGAL, DIST: KOLHAPUR,
MAHARASHTRA STATE.
13. SMT. ALKA W/O. ASHOK GARAD,
AGED ABOUT 58 YEARS, OCC: NIL,
R/O: BENADI, TQ: CHIKODI, DIST: BELAGAVI.
14. PRAKASH S/O. ASHOK GARAD,
AGED ABOUT 38 YEARS, OCC. AGRICULTURE,
R/O. BENADI, TQ. CHIKODI, DIST. BELAGAVI.
15. SMT. MANGAL W/O. RAVAJI CHAVAN PATIL,
AGED ABOUT 52 YEARS, OCC: HOUSE HOLD WORK,
R/O: SHASTRI NAGAR, BEHIND PRAKASH TALKIES,
BELAGAVI-590001, DIST: BELAGAVI.
16. SMT. SAVITA W/O. RAMESH FALAKE,
AGED ABOUT 48 YEARS, OCC: NIL,
R/O: FALAKWADI, NEAR ASTHA,
TQ: WALAVA, DIST: SANGLI-416406,
MAHARASHTRA STATE.
17. SMT. VAISHALI, W/O. KIRAN NIMBALKAR,
AGED ABOUT 42 YEARS, OCC. AGRICULTURE,
R/O. KENYA PARK, UCHAGOAN, TQ. KARAVEER,
- 12 -
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
DIST. KOLHAPUR, MAHARASHTRA STATE.
18. SURAJ S/O. PANDURANG JADHAV,
AGE. 32 YEARS, OCC. AGRICULTURE,
R/O. GHATAGE GALLI TALASHI,
TALUK. RADHANAGARI, DIST. KOLHAPUR,
STATE. MAHARASTRA.
19. MEGHA W/O. VINAYAK SALUNKE,
AGE. 35 YEARS, OCC. HOUSEHOLD WORK,
R/O. HONAGUTTI, DIST. KOLHAPUR,
STATE. MAHARASTRA.
20. PRIYANKA W/O. SHETANK GHATAGE,
AGE. 33 YEARS, OCC. HOUSEHOLD WORK,
R/O. DAULAT VIDYA MANDIR, MADILIGE B.K.,
MADILIGE KH, TALUK. BUDARGADH,
DIST. KOLHAPUR, STATE. MAHARASTRA.
21. SMT. RENU W/O. UDYA KAKADE,
AGE. 41 YEARS, OCC. SERVICE,
R/O. EG 57 DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR, TALUK. KOLHAPUR,
DIST. KOLHAPUR, STATE. MAHARASTRA PIN-416008.
22. KUMARI. VAISHNAVI D/O. UDAY KAKADE,
AGE. 24 YEARS, OCC. STUDENT,
R/O. EG 57 DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR, TALUK. KOLHAPUR,
DIST. KOLHAPUR, STATE. MAHARASTRA PIN-416008.
23. KUMARI. SAVALI D/O. UDAY KAKADE,
AGE. 22 YEARS, OCC. STUDENT,
R/O. EG 57 DAULAT NAGAR,
NEAR SUSHREESHA HOSPITAL,
RAJARAMPURI, KOLHAPUR, TALUK. KOLHAPUR,
DIST. KOLHAPUR, STATE. MAHARASTRA PIN-416008.
...RESPONDENTS
(BY SRI. R.A. MALI, ADVOCATE FOR R1;
SRI. MAHANTESH R.PATIL, ADV. FOR R3, R5, R8 TO R14 AND R16;
SRI. SHIVARAJ P.MUDHOL, ADVOCATE FOR R17;
NOTICE TO R4, R6 AND R7 ARE SERVED;
SRI. P.S. ANTAKKANAVAR, ADVOCATE FOR R15;
SRI. VIJAYKUMAR B.HORATTI, ADVOCATE FOR R18-R23)
- 13 -
NC: 2026:KHC-D:5753
WP No. 104039 of 2024
C/W WP No. 113891 of 2019
WP No. 102806 of 2022
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS WRIT
PETITION AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT OR ORDER OR DIRECTION TO SET - ASIDE THE
JUDGMENT/ORDER AND DECREE PASSED BY THE COURT OF VII
ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT
CHIKODI AND JUDICIAL CONCILIATOR DATED 25.03.2014 IN R.A.
NO.241/2007 PRODUCED AT ANNEXURE-A AND B AND ETC.,.
THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS
DAY, ORDERS WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI) IN WP No. 104039 of 2024 :
1. The petitioners have filed this writ petition challenging the compromise decree dated 25.03.2014 passed in R.A. No.241/2007 by the Lok Adalat (VII District and Sessions Judge, Belagavi, sitting at Chikkodi).
2. Brief facts, leading rise to the filing of this petition are as follows:
One Ambubail filed a suit for perpetual injunction and
- 14 -
NC: 2026:KHC-D:5753 WP No. 104039 of 2024 C/W WP No. 113891 of 2019 WP No. 102806 of 2022 HC-KAR consequential relief of partition and separate possession in O.S. No.35/1997 against the defendants. The said suit came to be decreed by judgment and preliminary decree dated 22.11.2007. Aggrieved by the same, the defendants preferred an appeal in R.A. No.241/2007.
3. During the pendency of the appeal, Defendant No.1/respondent No.1 herein and father of petitioner No.1/respondent No.2(A) therein filed a compromise petition. Pursuant to a joint memo filed by them, the matter was referred to the Lok Adalat. The Lok Adalat accepted the compromise petition and disposed of the appeal in terms of the compromise petition.
4. Heard the arguments of learned counsel for the petitioners, and learned counsel for the respondents.
5. Learned counsel for the petitioners submits that the petitioners were not parties to the compromise petition and that respondent No.2(A) therein had no right to enter into a compromise on their behalf. He further submits that the compromise petition was entered into behind the back of the petitioners and that respondent No.2(A) therein has played fraud on them. Hence, the compromise decree passed by
- 15 -
NC: 2026:KHC-D:5753 WP No. 104039 of 2024 C/W WP No. 113891 of 2019 WP No. 102806 of 2022 HC-KAR the Lok Adalat is not binding on the petitioners, and is liable to be set aside. Hence, on these grounds, he prays to allow the writ petition.
6. Per contra, learned counsel for respondent No.1 submits that respondent No.2(A) therein was power of attorney holder of the petitioners and he had entered into the compromise on their behalf and on behalf of the other respondents. He submits that the compromise decree is binding on the petitioners and that no fraud has been played. He further submits that the parties have acted upon the compromise decree and hence, on these grounds, he prays for dismissal of the writ petition.
7. Perused the records, and considered the submissions made by learned counsel for the parties.
8. It is an undisputed fact that Ambubail filed a suit for perpetual injunction and consequential relief of partition and separate possession in O.S. No.35/1997. The said suit came to be decreed by judgment and preliminary decree dated 22.11.2007. Aggrieved by the same, the defendants therein preferred an appeal in R.A. No.241/2007. During the pendency of the appeal, Defendant No.1/respondent No.1
- 16 -
NC: 2026:KHC-D:5753 WP No. 104039 of 2024 C/W WP No. 113891 of 2019 WP No. 102806 of 2022 HC-KAR herein and father of petitioner No.1/respondent No.2(A) filed joint memo and compromise petition vide Annexures-B and C respectively. Pursuant to the said joint memo and compromise petition filed by Defendant No.1/respondent No.1 herein and father of petitioner No.1/respondent No.2(A) therein, the matter was referred to the Lok Adalat.
9. From the perusal of the compromise petition filed by respondent No.1 herein and respondent No.2(A) therein, it does not disclose that the present petitioners and other respondents were parties to the said compromise. Though it is contended that respondent No.2(A) was a power of attorney holder, the compromise petition does not indicate that he has signed in such a capacity. On the contrary, it shows that he signed in his individual capacity.
10. Thus, it is evident that the petitioners were not parties to the compromise petition. The Lok Adalat, without considering this aspect, has accepted the compromise and has passed the impugned decree. The compromise decree has been passed behind the back of the petitioners and is therefore not binding on them. The same is arbitrary,
- 17 -
NC: 2026:KHC-D:5753 WP No. 104039 of 2024 C/W WP No. 113891 of 2019 WP No. 102806 of 2022 HC-KAR erroneous, and is liable to be set aside. Accordingly, I proceed to pass the following:
ORDER I. The writ petition is allowed. II. The compromise decree dated 25.03.2014 passed in R.A. No.241/2007 by the Lok Adalat (VII District and Sessions Judge, Belagavi, sitting at Chikkodi) is hereby set aside.
III. The appeal in R.A. No.241/2007 is restored to its original file.
IV. Considering that the appeal is of 2007, the First Appellate Court is directed to dispose of the same within a period of eight months from the date of receipt of a copy of this order.
V. The parties are directed to appear before the First Appellate Court on 02.06.2026, without awaiting any notice from the First Appellate Court. VI. All contentions of the parties are kept open.
- 18 -
NC: 2026:KHC-D:5753 WP No. 104039 of 2024 C/W WP No. 113891 of 2019 WP No. 102806 of 2022 HC-KAR In view of the disposal of the petition, pending I.As., if any do not survive for consideration and are accordingly disposed of.
IN WP.Nos.113891/2019 and 102806/2022 :
In view of disposal of W.P. No.104039 of 2024, WP.Nos.113891/2019 and 102806/2022 do not survive for consideration. Accordingly, the writ petitions are disposed of as having rendered infructuous.
Sd/-
(ASHOK S. KINAGI) JUDGE VB CT: BSB/UMD List No.: 1 Sl No.: 6