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Karnataka High Court Issues Guidelines To Trial Courts Regarding Acceptance Of Compromise Petitions & Passing Of Ex-Parte Eviction Orders
Mustafa Plumber
17 Nov 2021 1:15 PM GMT
The Karnataka High Court has issued a circular cautioning all the Judicial Officers in the State in the matter of accepting compromise petitions and also passing of ex-parte eviction orders.It has asked the district judiciary to scrupulously follow the guidelines issued by the High Court in this regard on August 25, in the case titled Leelavathi v. SC Lalitha & Anr. The directions...
The Karnataka High Court has issued a circular cautioning all the Judicial Officers in the State in the matter of accepting compromise petitions and also passing of ex-parte eviction orders.
It has asked the district judiciary to scrupulously follow the guidelines issued by the High Court in this regard on August 25, in the case titled Leelavathi v. SC Lalitha & Anr.
The directions were issued by Justice NS Sanjay Gowda.
The Court had observed that in too many cases, the litigants are abusing the process of the court in dispossessing persons who are in lawful possession by obtaining collusive compromise decrees against persons who have no semblance of a right over the property in question and it has become rather easy for unscrupulous litigants to take advantage of the laxity and lack of sufficient safeguards in the process of the Courts.
"It has become rather easy for unscrupulous litigants to take advantage of the laxity and lack of sufficient safeguards in the process of the Courts," the Bench had remarked.
It had thereby issued the following guidelines to be followed by the trial courts:
a. The Trial Courts shall ensure that proper and acceptable proof of identity of the parties to proceedings as mandated by the Government for various purposes (such as Aadhar Card, Driving Licence, Passport Copy, Election Identify card etc.,) are obtained as a matter of rule.
b. The Trial Court shall ensure, especially in eviction matters in which compromise petitions are filed, to satisfy itself about the actual possession of the persons in possession.
c. The Trial Court shall call upon the parties to produce documents such as an Electricity Bill, Telephone Bill, Pass Book extracts, or such other documents which establish the actual residence of the tenants.
d. It would be open for the Trial Court to pass such orders as it may deem necessary such as the appointment of a Commissioner, etc., to satisfy itself about the possession of the parties before accepting the compromise petition.
"Hence, all the Judicial Officers in the State are hereby directed to follow the guidelines issued by the Hon'ble Court and be cautious in the matter of accepting compromise petitions and also passing of ex parte orders of eviction," the Circular read.
