SHRUTI Vs. KAMALAVVA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 15/11/2018 passed in FDP.No.1/2011 on the file of Additional Senior Civil Judge and JMFC, Hangal, whereby the compromise petition filed by the respondent Nos.1 to 6 was accepted by the Executing Court.

(2.) Heard the learned counsel for the petitioners and learned counsel for the respondent Nos.1 to 3 and respondent Nos.12, 13, 17, 19, 20 and 21 and perused the material on record.

(3.) The material on record discloses that the 1st respondent-Smt Kamalavva W/o. Yallappa Halekote instituted FDP.No.1/2011, in which, the petitioner, herein were arrayed as respondent Nos.9A1 to 9A5, 9B, 9C, 9D, 9E and 9F respectively. In the said final decree proceedings, the respondent Nos.2. to 6 herein were arrayed as respondent Nos.2A to 2D and 3. On 30/10/2018, the dispute between the parties in the aforesaid FDP.No.1/2011 was referred to the Lok-Adalath. However, before the matter could be taken up by the Lok- Adalath, at the instance of respondent No.1/petitioner in final decree proceedings who filed advancement application, the Trial Court preponed/advanced the case to 15/11/2018, on which day, a compromise petition came to be filed by only respondent Nos.1 to 6 herein to which the petitioners and other respondents were not parties or signatories. Pursuant to the same, the Trial Court proceeded to pass the impugned order closing the final decree proceedings by accepting the terms of the compromise petition filed only by respondent Nos.1 to 6. It is the grievance of the petitioners that though the matter was referred to the Lok-Adalath for the purpose of settlement between all the parties including the petitioners, the Trial Court did not notify notified or hear the petitioners before proceeding to accept the compromise petition and pass the impugned order, which is called in question in this petition.