Karnataka High Court
Sri.Sanjay S/O Yashavawant Ghorpade vs Sri. Sateesh S/O Yashawant Ghorpade on 5 March, 2021
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 05TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
Writ Petition No.100601/2021(GM-CPC)
Between
Sri. Sanjay S/o. Yashavawant Ghorpade,
Aged about 35 years, Occ: Agriculture and Advocacy,
R/o. Ward No.5, Govindapur Galli, Mudhol,
Tq. Mudhol, Dist. Bagalkot.
...Petitioner
(By Smt. Bhagyashree N.B, Advocate)
And
1. Sri. Sateesh S/o. Yashawant Ghorpade,
Aged about 49 years, Occ: Agriculture,
R/o. Jaya Nagar, Mudhol, Dist. Bagalkot.
2. Sri. Subhas S/o. Govindarao Ghorpade,
Aged about 83 years, Occ: Agriculture,
R/o. Ward No.5, Govindapur Galli, Mudhol,
Dist. Bagalkot.
3. Sri. Parwati @ Roshonabi W/o. Rajesab Rangapur,
Aged about 51 years, Occ: Household work,
R/o. Mandigeri Plot, Near Basaveshwar Temple,
Kadapatti, Tq. Jamakhandi, Dist. Bagalkot.
2
4. Smt. Jayashri W/o. Subhas Mokashi,
Age about 47 years, Occ: Household work,
R/o. Near ICPL Sugar Factory,
Channagiri Cross, Near Sulochana Jagaliba Kalal
Bar, Uttur, Tq. Mudhol, Dist. Bagalkot.
5. Smt. Geeta W/o. Hanamant Ghatage,
Age about 45 years, Occ: Household work,
R/o. Ajad Galli, Banahatti, Tq. Jamkhandi.
6. Smt. Savita W/o. Ganesh Mane,
Age about 43 years, Occ: Household work,
R/o. Near Ganesh Hotel, Govindapur Galli,
Mudhol, Dist. Bagalkot.
7. Smt. Padmavati W/o. Dnyanadev Shinde,
Age about 41 years, Occ: Government Service,
R/o. Room No.101, Department of Schedule
Tribes, District Administrative Office,
Navanagar, Bagalkot.
8. Smt. Laxmibai W/o. Maruti Ghorpade,
Age bout 68 years, Occ: Household work,
R/o. Ward No.5, Govindapur Galli, Mudhol,
Tq. Mudhol, Dist. Bagalkot.
9. Smt. Padma W/o. Mahadev Kaale,
Age about 43 years, Occ: Household work,
R/o. Savalagi, Tal: Jamkhandi, Dist. Bagalkot.
10. Smt. Sunita W/o. Ramesh Nigadi,
Age about 40 years, Occ: Household work,
R/o. Suttotti Galli, Mudhol, Dist. Bagalkot.
11. Sri. Jyotiba S/o. Maruti Ghorpade,
Age about 40, Occ: Manson work,
R/o. Ward No.5, Govindapur Galli,
Mudhol, Tq. Mudhol, Dist. Bagalkot.
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12. Smt. Vanita W/o. Ramchandra Pawar,
Age about 34 years, Occ: Household work,
R/o. Asangi, Tq. Mudhol, Dist. Bagalkot.
13. Sri. Sachin S/o. Maruti Ghorpade,
Age about 32 years, occ: Mason work,
R/o. Ward No.5, Govindapur Galli,
Mudhol, Tq. Mudhol, Dist. Bagalkot.
14. Sri. Vittal S/o. Govindarao Ghorpade,
Age about 73 years, occ: Agriculture,
R/o. Ward No.5, Govindapur Galli, Mudhol,
Tq. Mudhol, Dist. Bagalkot.
15. Sri. Babu S/o. Govindarao Ghorpade,
Age about 76 years, Occ: Agriculture,
R/o. Jayanagar, Near Vithoba Temple,
Mudhol, Tq. Mudhol, Dist. Bagalkot.
16. Sri. Sadashiv S/o. Shankar Ghorpade,
Age about 59 years, Occ: Agriculture,
R/o. Mallamma Nagar, Mudhol,
Tq. Mudhol, Dist. Bagalkot.
17. Smt. Tulasabai W/o. Balu Ghorpade,
Age about 51 years, Occ: Household work
And Agriculture, R/o. Jayanagar,
Near Vithoba Temple Mudhol,
Tq. Mudhol, Dist. Bagalkot.
18. Sri. Sudheer S/o. Balu Ghorpade,
Age about 31 years, Occ: Agriculture,
R/o. Jayanagar, Near Vithoba Temple,
Mudhol, Tq. Mudhol, Dist. Bagalkot.
19. Sri. Parashuram S/o. Shankar Ghorpade,
Age about 54 years, Occ: Agriculture,
R/o. Jayanagar, Mudhol, Tq. Mudhol,
Dist. Bagalkot.
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20. Smt. Shalabai W/o. Sambaji Jadhav,
Age about 65 years, Occ: Household work,
R/o. Mallamma Nagar, Behind Sadhashiva Pawar,
House (Bhosle) Mudhol, Tq. Mudhol,
Dist. Bagalkot.
21. Smt. Ambabai W/o. Govind Kadam,
Age about 63 years, Occ: House Hold work,
R/o. Shivaji Chowk, Near Govt. School No.2,
Jamakhandi, Dist. Bagalkot.
22. Smt. Rekha W/o. Datta Pawar,
Age about 29 years, Occ: household work,
R/o. Shivaji Nagar, near Hanuman Temple,
Mudhol, Tq. Mudhol, Dist. Bagalkot.
23. Sri. Suresh S/o. Shankar Shindhe,
Age about 26, Occ: Agriculture & Coolie,
R/o. Shivaji Nagar, Near Hanuman Temple,
Mudhol, Tq. Mudhol, Dist. Bagalkot,
24. Smt. Tanabai W/o. Maruti Shindhe,
Age about 55, Occ: Household work,
R/o. Sannal, Tq. Jamkhandi, Dist. Bagalkot.
25. Smt. Sushila W/o. Abasaheb Nigade,
Age about 71 years, Occ: Household work,
R/o. Ward No.4, Dangi Galli, Mudhol,
Dist. Bagalkot.
26. Smt. Kusuma W/o. Shankar Ranoji,
Age about 61, Occ: household work,
R/o. Belavadi, Tq. Bailhongal,
Dist. Belagavi.
... Respondents
(By Sri. Santosh Birangi, Advocate for R1;
Sri. Tukaram T. Maradi, Advocate for R3 to 26)
5
This writ petition is filed under Articles 226 & 227 of the
Constitution of India praying to issue a writ in the nature of
mandamus directing the learned Principal Senior Civil Judge and
JMFC, Mudhol, Bagalkot in R.A.No.13/2020 to accept the
compromise petition filed under order 23 Rule 3 dated
03.02.2021 and pass a compromise decree accordingly as
expeditiously as possible without further delaying the matter by
referring it to Lok Adalath.
This writ petition coming on for orders, this day, the Court
made the following:
ORDER
Learned counsel for the petitioner would submit that the compromise petition was filed on 03.02.2021, however, the trial Court has referred the matter to the Lok Adalath which is posted on 27.03.2021.
2. The learned counsel for the parties would submit that, the trial Court may be directed to accept the compromise petition filed by the parties and pass appropriate orders on the compromise petition, in accordance with law.
3. They further submit that, the parties have amicably settlement the matter to put a quietus to the dispute after 6 litigating for nearly 12 years. Hence, there is a urgency in the matter.
4. In view of the submission made by the learned counsel for the parties, the Principal Civil Judge and JMFC Court, Mudhol is requested to accept the compromise petition filed under Order 23 Rule 3 of CPC, dated 03.02.2021 in R.A.No.13/2020 and pass the compromise decree in accordance with law, within a period of 1 week from the date of receipt of copy of this order.
Sd/-
JUDGE *Svh/-