- 1 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21680/2022 (GM-CPC) C/W WRIT PETITION NO.21630/2022 (GM-CPC) WRIT PETITION NO.21631/2022 (GM-CPC) WRIT PETITION NO.21658/2022 (GM-CPC) WRIT PETITION NO.22462/2022 (GM-CPC) WRIT PETITION NO.18225/2023 (GM-CPC) WRIT PETITION NO.18262/2023 (GM-CPC) IN W.P. No.21680/2022: BETWEEN: M/S. LUDRIC ENTERPRISES Digitally signed NO.17-20-1458/1 by RUPA V SHIVALI ARCADE, FALNIR ROAD Location: HIGH MANGALURU-575002 COURT OF A REGISTERED PARTNERSHIP FIRM KARNATAKA REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REPTD. BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 62 YEARS S/O LATE R.G. RODRIGUES R/AT NO.18-2-20(2) G.I. ROSHNY STURROCK ROAD FALNIR, MANGALURU-575001. …PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) - 2 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 AND: 1. M/S. R.K. DEVELOPERS DOOR NO.4-6-577/31 MAHENDRA ARCADE 1ST FLOOR, KARANGALPADI MANGALURU-575003 A PARTNERSHIP FIRM REPTD BY ITS MANAGING PARTNER SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR MANGALURU-575001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR

MANGALURU-575001. 3. SMT. URMILA RAMESH W/O SRI RAMESH KUMAR PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR MANGALURU-575001. 4. DIVYA RAMESH D/O SRI RAMESH KUMAR PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU-575001. …RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1) - 3 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER VIDE ANNX-A. QUASH THE ORDER VIDE ANNX-A DTD 26.09.2022 MADE IN EX.CASE NO.630/2020 PASSED BY IN THE COURT OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU, TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. IN W.P. NO.21630/2022: BETWEEN: M/S. RINI AGENCIES NO. 5-38, LUDRIC COMPOUND GUDDETHOTA, KANKANDY POST MANGALURU 575 002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT, REPTD, BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 62 YEARS S/O LATE R F RODRIGUES R/AT NO 18-2-20(2) G I ROSHNY STURROCK ROAD FALNIR, MANGALURU 575 001. ...PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) AND: 1. M/S. R.K. DEVELOPERS DOOR NO. 4-6-577/31 MAHENDRA ARCADE 1st FLOOR, KARANGALPADI MANGALURU 575 003 - 4 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022

A PARTNERSHIP FIRM REPTD BY ITS MANAGING PARTNER SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR MANGALURU 575 001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR MANGALURU 575 001. ...RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1 & R2) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CAL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER VIDE ANNX-A. QUASH THE ORDER VIDE ANNX-A DTD 26.09.2022 MADE IN COMMERCIAL EX.CASE NO.631/2020 PASSED BY THE COURT OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU, TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. IN W.P. NO.21631/2022: BETWEEN: M/S. LUDRIC ENTERPRISES NO.17-20-1458/1 SHIVALI ARCADE, FALNIR ROAD MANGALURU-575002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS - 5 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 OF PARTNERSHIP ACT REPRESENTED BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 61 YEARS S/O LATE R F RODRIGUES R/AT NO.18-2-20 (2) G I ROSHNY STURROCK ROAD FALNIR, MANGALURU-575001. …PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) AND: 1. M/S. R.K. DEVELOPERS DOOR NO.4-6-577/31 MAHENDRA ARCADE, IST FLOOR KARANGALPADI MANGALURU-575003 A PARTNERSHIP FIRM REP. BY ITS MANAGING PARTNER SRI RAMESH KUMAR S/O GHOODAPPA SALIAN R/AT. SARASWATHI

OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU-575001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR, MANGALURU-575001. 3. SMT. URMILA RAMESH W/O SRI RAMESH KUMAR PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP. MANGALA STADIUM - 6 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 GANDHI NAGAR, MANGALURU-575001. …RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1 TO R3) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER VIDE ANNX-A. QUASH THE ORDER VIDE ANNX-A DTD 21.09.2022 MADE IN COMMERCIAL EX.CASE NO.754/2020 PASSED BY THE COURT OF THE IV ADDITIONAL DISTRICT JUDGE, D.K. MANGALURU, TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. IN W.P. NO.21658/2022: BETWEEN: M/S. RINI AGENCIES NO. 17-20-1458/1 SHIVALI ARCADE, FALNIR ROAD MANGALURU 575 002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REPTD BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 61 YEARS S/O LATE R F RODRIGUES R.AT NO. 18-2-20(2) G I ROSHNY STURROCK ROAD FALNIR, MANGALURU 575 001. …PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) - 7 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 AND: 1. M/S R.K. BUILDERS DOOR NO. 4-6-577/31 MAHENDRA ARCADE

Ist FLOOR, KARANGALPADI MANGALURU 575 003 A PARTNERSHIP FIRM REPTD BY ITS MANAGING PARTNER SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR, MANGALURU 575 001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU 575 001. 3. SMT. URMILA RAMESH W/O SRI. RAMESH KUMAR PARTNER M/S R.K DEVELOPERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU 575 001. 4. DIVYA RAMESH D/O SRI. RAMESH KUMAR PARTNER, M/S. R.K. DEVELOPERS R/AT. SARASWATHI OPP. MANGALAL STADIUM GANDHI NAGAR MANGALURU – 575001. …RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1) - 8 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER ANNEXURE-A. QUASH THE ORDER ANNEXURE- A DTD.21.9.2022 MADE IN EX.C. 93/2019 RENUMBERED AS COMMERCIAL EX.CASE NO.605/2020 PASSED BY THE COURT OF TH IV ADDITIONAL DISTRICT AND SESSIONS JUDGE D.K. MANGALURU TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. IN W.P. NO.22462/2022: BETWEEN: M/S. RINI AGENCIES NO 5-38, LUDRIC COMPOUND GUDDETHOTA, KANKANADY POST MANGALURU 575002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REPTD BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 61 YEARS

S/O LATE R F RODRIGUES R/AT NO 18-2-20 (2) G I ROSHNY STURROCK ROAD FALNIR, MANGALURU 575001. …PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) AND: 1. M/S. R.K. DEVELOPERS DOOR NO 4-6-577/31 MAHENDRA ARCADE, 1ST FLOOR KARANGALPADI MANGALURU 575003 A PARTNERSHIP FIRM - 9 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 REPTD BY ITS MANAGING PARTNER SRI RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR MANGALURU 575001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR MANGALURU 575001. 3. SMT. URMILA RAMESH W/O SRI. RAMESH KUMAR PARTNER M/S. R.K. DEVELOPERS R/AT. SARASWATHI OPP. MANGALAL STADIUM GANDHI NAGAR MANGALURU-575001. …RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1 & R2) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER ANNEXURE A. QUASH THE ORDER ANNEXURE A DATED 21.09.2022 MADE IN COM EX.CASE NO 566/2020 PASSED BY THE COURT OF THE IV ADDITIONAL DISTRICT, D.K. MANGALURU TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. - 10 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 IN W.P. NO.18225/2023: BETWEEN: M/S. R.K. BUILDERS DOOR NO. 4-6-577/31 MAHENDRA ARCADE 1ST FLOOR, KARANGALPADI MANGALURU - 575 002 A PARTNERSHIP FIRM

REP. BY ITS MANAGING PARTNER/PARNTER SRI. RAMESH KUMAR S/O CHOODAPPA SALIAN AGED 73 YEARS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU D.K.DISTRICT - 575 003. 2. SMT. URMILA RAMESH W/O RAMESH KUMAR AGED ABOUT 70 YEARS PARTNER M/S R.K.BUILDERS R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR, MANGALURU D.K.DISTRICT - 575 003. 3. DIVYA RAMESH D/O RAMESH KUMAR AGED 37 YEARS PARTNER M/S R.K.BUILDERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU D.K.DISTRICT - 575 003. ...PETITIONERS (BY SRI. K. RAVISHANKAR, ADV.,) - 11 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 AND: M/S. LUDRIC ENTERPRISES NO.17-20-1458/1 SHIVALI ARCADE, FALNIR ROAD MANGALURU - 575 002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REP BY ITS PARTNER RONALD BENJAMIN RODRIGUES S/O LATE R.F. RODRIGUES AGED 62 YEARS R/AT NO. 18-2-20(2) G-1, ROSHNY, STURROCK ROAD FALNIR, MANGALURU – 575 001. …RESPONDENT (BY SRI. VISHWAJITH RAI M, ADV.,) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 26.09.2022 PASSED IN EXECUTION CASE 630/2020 VIDE ANNEXURE-A PENDING ON THE FILE OF I ADDL. DIST JUDGE MANGALORE AND AWARD INTEREST FROM THE DATE OF DECREE TILL ITS REALIZATION & ETC. IN W.P. NO.18262/2023: BETWEEN: M/S. R.K. BUILDERS DOOR NO. 4-6-577/31, MAHENDRA ARCADE 1ST FLOOR, KARANGALPADI

MANGALURU – 575002 A PARTNERSHIP FIRM REP. BY ITS MANAGING PARTNER/ PARTNER SRI. RAMESH KUMAR - 12 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 S/O CHOODAPPA SALIAN AGED ABOUT 73 YEARS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU D.K. DISTRICT – 575003. …PETITIONER (BY SRI. K. RAVISHANKAR, ADV.,) AND: M/S. RINI AGENCIES NO. 5-38, LUDRIC COMPOUND GUDDETHOTA, KANKANADY POST MANGALURU-575 002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REP. BY ITS PARTNER RONALD BENJAMIN RODRIGUES S/O LATE R.F. RODRIGUES AGED ABOUT 63 YEARS R/AT NO. 18-2-20(2) G-1, ROSHNY, STURROCK ROAD FALNIR, MANGALURU – 575 001. …RESPONDENT (BY SRI. VISHWAJITH RAI M, ADV.,) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 26.09.2022 PASSED IN EXECUTION CASE 631/2020 PENDING ON THE FILE OF I ADDL. DIST JUDGE MANGALURU AND AWARD INTEREST FROM THE DATE OF DECREE TILL ITS REALIZATION & ETC. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON 22.07.2026, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT MADE THE FOLLOWING: - 13 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CAV ORDER

W.P.Nos.21680/2022 and 18225/2023 are filed by the decree holder and judgment debtor, respectively challenging the order dated 26.09.2022 passed in Ex.No.630/2020 by the I Additional District and Sessions Judge, D.K.Mangalore. W.P.Nos.21630/2022 and 18262/2023 are filed by the decree holder and the judgment debtor, respectively challenging the order dated 26.09.2022 passed in Ex.No.631/2020 by the I Additional District and Sessions Judge, D.K.Mangalore W.P.No.22462/2022 is filed by the decree holder challenging the order dated 21.09.2022 passed in Com.Ex.No.566/2020 by the IV Additional District Judge, Mangaluru. W.P.No.21658/2022 is filed by the decree holder challenging the order dated 21.09.2022 passed in - 14 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 Com.Ex.No.605/2020 by the IV Additional District Judge, Mangaluru. W.P.No.21631/2022 is filed by the decree holder challenging the order dated 21.09.2022 in Com.Ex.No.754/2020 passed by the IV Additional District Judge, Mangaluru. 2. For the sake of convenience, the parties shall be referred to as follows: The petitioner No.1 in W.P.No.18225/2023, the petitioner in W.P.No.18262/2023, the respondent No.1 in W.P.Nos.21680/2022, 21630/2022, 21631/2022, 21658/2022 and 22462/2022 shall be referred to as ‘R.K.Builders’. The petitioner in W.P.Nos.21680/2022 and 21631/2022 and the respondent in W.P.No.18225/2023 shall be referred to as ‘Ludric Enterprises’. - 15 -

HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 The petitioner in W.P.Nos.21630/2022, 21658/2022 and 22462/2022 and respondent in W.P.No.18262/2023 shall be referred to as ‘Rini Agencies’ 3. Heard Sri.K.Ravishankar, learned counsel appearing for the R.K.Builders and Sri.Vishwajith Rai M, learned counsel appearing for the Ludric Enterprises and Rini Agencies. W.P.No.21680/2022 and W.P.No.18225/2023 4. Ludric Enterprises filed a suit in O.S.No.79/2017 against R.K.Builders for the relief of recovery of a sum of Rs.1,95,51,463/- along with interest at 18%. In the said suit, both R.K.Builders and Ludric Enterprises filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below: “The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of - 16 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 Rs.1,95,51,463/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff.

b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award in terms of joint memo in ends of justice and equity”. 5. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo. - 17 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 Subsequently, Ludric Enterprises filed an execution petition in Ex.Case.No.630/2020 seeking to execute the compromise decree. The Executing Court, on consideration of the same proceeded to pass the impugned order dated 26.09.2022 directing R.K.Builders to pay Rs.1,95,51,463/- along with interest at 14% p.a. from the date of suit till its realization. Being aggrieved, both the parties have filed these petitions.

6. The learned counsel appearing for Ludric Enterprises contends that the interest is payable at 18% p.a. as per the plaint and from the due date, when the money was payable, whereas learned counsel appearing for R.K.Builders contends that the Executing Court has rightly considered the interest payable at 14% p.a., however, has erred in directing to pay the same from the date of the suit as it ought to be payable from the date of the decree. - 18 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 W.P.No.21630/2022 and W.P.No.18262/2023 7. Rini Agencies filed a suit in O.S.No.76/2017 against R.K.Builders seeking the relief of recovery of a sum of Rs.32,02,584/- along with interest at 18% p.a. In the said suit, both R.K.Builders and Rini Agencies filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below: “The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of Rs.32,02,584/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff.

b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; - 19 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award in terms of joint memo in ends of justice and equity” 8. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo. Subsequently, Rini Agencies filed an execution petition in Ex.Case.No.631/2020 seeking to execute the compromise decree. The Executing Court, on consideration of the same proceeded to pass the impugned order dated 26.09.2022 directing R.K.Builders to pay Rs.32,02,584/-along with interest at 14% p.a. from the date of suit till its - 20 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 realization. Being aggrieved, both the parties have filed these petitions.

9. The learned counsel appearing for Rini Agencies contends that the interest is payable at 18% p.a. as per the plaint and from the due date, when the money was payable, whereas the learned counsel appearing for R.K.Builders contends that the Executing Court has rightly considered the interest payable at 14% p.a., however, has erred in directing to pay the same from the date of the suit as it ought to be payable from the date of the decree. W.P.No.22462/2022 10. Rini Agencies filed a suit in O.S.No.76/2017 against R.K.Builders seeking the relief of recovery of a sum of Rs.32,02,584/- along with interest at 18% p.a. In the said suit, both R.K.Builders and the Rini Agencies filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below: - 21 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 “The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of Rs.32,02,584/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff.

b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award - 22 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 in terms of joint memo in ends of justice and equity” 11. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo. Subsequently, Rini Agencies filed an execution petition in Com.Ex.Case.No.566/2020 seeking to execute the compromise decree. The Executing Court, on consideration of the same proceeded to pass the impugned order dated 21.09.2022 directing R.K.Builders to pay Rs.32,02,584/- along with interest at 14% p.a. from the date of the decree i.e. 22.04.2018. Being aggrieved, Rini Agencies has filed this petition and the learned counsel for Rini Agencies contends that the interest is payable at 18% p.a. as per the plaint and that the interest is payable from the due date, when the amount was payable and not from the date of the decree. W.P.No.21658/2022

12. Rini Agencies filed a suit in O.S.No.78/2017 against R.K.Builders seeking the relief of recovery of a - 23 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 sum of Rs.97,71,464/- along with interest at 18% p.a. In the said suit, both R.K.Builders and the Rini Agencies filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below: “The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of Rs.97,71,464/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff. b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a - 24 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022

period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award in terms of joint memo in ends of justice and equity” 13. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo. Subsequently, Rini Agencies filed an execution petition in Ex.Case.No.605/2020 seeking to execute the compromise decree. The Execution Court, on consideration of the same proceeded to pass the impugned order dated 21.09.2022 directing R.K.Builders to pay the recovery money along with interest at 14% p.a. from the date of decree i.e. 22.04.2018. Being aggrieved, Rini Agencies has filed this petition as the learned counsel for Rini Agencies contends that the interest is payable at 18% p.a. as per the plaint and that the interest is payable from the due date, when - 25 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 the amount was payable and not from the date of the decree. W.P.No.21631/2022 14. Ludric Enterprises filed a suit in O.S.No.77/2017 seeking to recover a sum of Rs.26,33,683/- along with interest at the rate of 18% p.a. In the said suit, both R.K.Builders and the Ludric Enterprises filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below:

“The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of Rs.26,33,683/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: - 26 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff. b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award in terms of joint memo in ends of justice and equity”. 15. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo.

Subsequently, Rini Agencies filed an execution petition in Ex.Case.No.754/2020 seeking to execute the compromise decree. The Executing Court, on consideration of the same proceeded to pass the impugned order dated 21.09.2022 - 27 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 directing R.K.Builders to pay the recovery money along with interest at 14% p.a. from the date of decree i.e. 22.04.2018. Being aggrieved, Ludric Enterprises has filed this petition as the learned counsel appearing for Ludric Enterprises contends that the interest is payable at 18% p.a. as per the plaint and that the interest is payable from the due date, when the amount was payable and not from the date of the decree. 16. The aforesaid enunciation of facts and contentions raised by the learned counsels appearing on both the sides clearly indicate that the extent of the dispute is limited to the rate of interest payable and the date from which the interest is payable. A perusal of the joint memo filed by the contesting parties in the respective suits and the subsequent compromise decree passed in terms of the said joint memo in all the aforesaid suits indicate the interest rate at 14% p.a. Hence, the learned counsel for Rini Agencies and Ludric Enterprises cannot - 28 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022

now contend that the rate of interest is payable at 18% p.a. as sought in the plaint. The said contention is erroneous and without any sound legal reasoning. Hence, the Executing Court has rightly considered the interest to be payable at 14% p.a. as per the joint memo and the compromise decree and the same does not call for any interference. 17. Insofar as the contention raised by both the counsels regarding the date from which the interest is to be paid, it is to be noticed that the joint memo and the compromise decree do not specify any specific date. The nature of the decree that is sought to be executed is a compromise decree which is nothing but a contract that has the sanction of the Court. It is also trite law that the scope of a compromise decree cannot be altered by the Executing Court. Therefore, I am of the considered view that in absence of any specific date for the interest payable in the joint memo as well as the compromise - 29 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022

decree, the date will have to be deemed as the date of decree. The holistic reading of the plaint averments, prayer in all the suits, joint memos filed by the parties, which are accepted by the Lok Adalath and the decree has been drawn, I am of the view that R.K.Builders had agreed to pay the principal amount with interest at 14% p.a. from the date of the decree. The contention for the learned counsel for Ludric Enterprises and Rini Agencies that the interest is payable from the date the principal amount becomes due is an intent of the parties and accordingly the joint compromise petition is filed, has no logic. If such a contention is accepted, then it would amount to R.K.Builders accepting the entire claim of Ludric Enterprises as well as Rini Agencies as prayed in the suits. If R.K.Builders intended to concede the suit, there would have been no question of contesting the said suits on merits. It appears that they have agreed to settle the dispute before the Lok Adalath only because of the concession of the rate of interest and the calculation of the - 30 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 interest from the date of decree. Hence, the impugned orders of the Executing Court challenged in W.P.No.18225/2023 and W.P.No.18262/2023 to the extent of the date from which the interest is payable, is required to be interfered with. 18. For the aforementioned reasons, I proceed to pass the following: ORDER

(i) W.P.No.21680/2022, W.P.No.21630/2022, W.P.No.21631/2022, W.P.No.21658/2022, W.P.No.22462/2022 are dismissed. (ii) W.P.No.18225/2023 and W.P.No.18262/2023 are allowed-in-part. (iii) The impugned order dated 26.09.2022 passed by the I Additional District and Sessions Judge, D.K.Mangalore in Ex.Case.No.631/2020 is modified to the extent of the date from which the - 31 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 interest would be payable i.e. from the date of the decree. (iv) The impugned order dated 26.09.2022 passed by the I Additional District and Sessions Judge, D.K.Mangalore in Ex.Case.No.630/2020 is modified to the extent of the date from which the interest would be payable i.e. from the date of the decree. (v) The Executing Court in all the aforesaid cases is directed to call for a memo of calculation from the parties and proceed with the execution, keeping in mind the aforesaid findings. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 1

- 1 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21680/2022 (GM-CPC) C/W WRIT PETITION NO.21630/2022 (GM-CPC) WRIT PETITION NO.21631/2022 (GM-CPC) WRIT PETITION NO.21658/2022 (GM-CPC) WRIT PETITION NO.22462/2022 (GM-CPC) WRIT PETITION NO.18225/2023 (GM-CPC) WRIT PETITION NO.18262/2023 (GM-CPC) IN W.P. No.21680/2022: BETWEEN: M/S. LUDRIC ENTERPRISES Digitally signed NO.17-20-1458/1 by RUPA V SHIVALI ARCADE, FALNIR ROAD Location: HIGH MANGALURU-575002 COURT OF A REGISTERED PARTNERSHIP FIRM KARNATAKA REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REPTD. BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 62 YEARS S/O LATE R.G. RODRIGUES R/AT NO.18-2-20(2) G.I. ROSHNY STURROCK ROAD FALNIR, MANGALURU-575001. …PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) - 2 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 AND: 1. M/S. R.K. DEVELOPERS DOOR NO.4-6-577/31 MAHENDRA ARCADE 1ST FLOOR, KARANGALPADI MANGALURU-575003 A PARTNERSHIP FIRM REPTD BY ITS MANAGING PARTNER SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR MANGALURU-575001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR

MANGALURU-575001. 3. SMT. URMILA RAMESH W/O SRI RAMESH KUMAR PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR MANGALURU-575001. 4. DIVYA RAMESH D/O SRI RAMESH KUMAR PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU-575001. …RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1) - 3 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER VIDE ANNX-A. QUASH THE ORDER VIDE ANNX-A DTD 26.09.2022 MADE IN EX.CASE NO.630/2020 PASSED BY IN THE COURT OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU, TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. IN W.P. NO.21630/2022: BETWEEN: M/S. RINI AGENCIES NO. 5-38, LUDRIC COMPOUND GUDDETHOTA, KANKANDY POST MANGALURU 575 002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT, REPTD, BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 62 YEARS S/O LATE R F RODRIGUES R/AT NO 18-2-20(2) G I ROSHNY STURROCK ROAD FALNIR, MANGALURU 575 001. ...PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) AND: 1. M/S. R.K. DEVELOPERS DOOR NO. 4-6-577/31 MAHENDRA ARCADE 1st FLOOR, KARANGALPADI MANGALURU 575 003 - 4 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022

A PARTNERSHIP FIRM REPTD BY ITS MANAGING PARTNER SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR MANGALURU 575 001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR MANGALURU 575 001. ...RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1 & R2) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CAL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER VIDE ANNX-A. QUASH THE ORDER VIDE ANNX-A DTD 26.09.2022 MADE IN COMMERCIAL EX.CASE NO.631/2020 PASSED BY THE COURT OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K. MANGALURU, TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. IN W.P. NO.21631/2022: BETWEEN: M/S. LUDRIC ENTERPRISES NO.17-20-1458/1 SHIVALI ARCADE, FALNIR ROAD MANGALURU-575002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS - 5 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 OF PARTNERSHIP ACT REPRESENTED BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 61 YEARS S/O LATE R F RODRIGUES R/AT NO.18-2-20 (2) G I ROSHNY STURROCK ROAD FALNIR, MANGALURU-575001. …PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) AND: 1. M/S. R.K. DEVELOPERS DOOR NO.4-6-577/31 MAHENDRA ARCADE, IST FLOOR KARANGALPADI MANGALURU-575003 A PARTNERSHIP FIRM REP. BY ITS MANAGING PARTNER SRI RAMESH KUMAR S/O GHOODAPPA SALIAN R/AT. SARASWATHI

OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU-575001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR, MANGALURU-575001. 3. SMT. URMILA RAMESH W/O SRI RAMESH KUMAR PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP. MANGALA STADIUM - 6 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 GANDHI NAGAR, MANGALURU-575001. …RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1 TO R3) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER VIDE ANNX-A. QUASH THE ORDER VIDE ANNX-A DTD 21.09.2022 MADE IN COMMERCIAL EX.CASE NO.754/2020 PASSED BY THE COURT OF THE IV ADDITIONAL DISTRICT JUDGE, D.K. MANGALURU, TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. IN W.P. NO.21658/2022: BETWEEN: M/S. RINI AGENCIES NO. 17-20-1458/1 SHIVALI ARCADE, FALNIR ROAD MANGALURU 575 002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REPTD BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 61 YEARS S/O LATE R F RODRIGUES R.AT NO. 18-2-20(2) G I ROSHNY STURROCK ROAD FALNIR, MANGALURU 575 001. …PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) - 7 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 AND: 1. M/S R.K. BUILDERS DOOR NO. 4-6-577/31 MAHENDRA ARCADE

Ist FLOOR, KARANGALPADI MANGALURU 575 003 A PARTNERSHIP FIRM REPTD BY ITS MANAGING PARTNER SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR, MANGALURU 575 001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN PARTNER M/S R K DEVELOPERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU 575 001. 3. SMT. URMILA RAMESH W/O SRI. RAMESH KUMAR PARTNER M/S R.K DEVELOPERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU 575 001. 4. DIVYA RAMESH D/O SRI. RAMESH KUMAR PARTNER, M/S. R.K. DEVELOPERS R/AT. SARASWATHI OPP. MANGALAL STADIUM GANDHI NAGAR MANGALURU – 575001. …RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1) - 8 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER ANNEXURE-A. QUASH THE ORDER ANNEXURE- A DTD.21.9.2022 MADE IN EX.C. 93/2019 RENUMBERED AS COMMERCIAL EX.CASE NO.605/2020 PASSED BY THE COURT OF TH IV ADDITIONAL DISTRICT AND SESSIONS JUDGE D.K. MANGALURU TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. IN W.P. NO.22462/2022: BETWEEN: M/S. RINI AGENCIES NO 5-38, LUDRIC COMPOUND GUDDETHOTA, KANKANADY POST MANGALURU 575002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REPTD BY ITS PARTNER RONALD BENJAMIN RODRIGUES AGED ABOUT 61 YEARS

S/O LATE R F RODRIGUES R/AT NO 18-2-20 (2) G I ROSHNY STURROCK ROAD FALNIR, MANGALURU 575001. …PETITIONER (BY SRI. VISHWAJITH RAI M, ADV.,) AND: 1. M/S. R.K. DEVELOPERS DOOR NO 4-6-577/31 MAHENDRA ARCADE, 1ST FLOOR KARANGALPADI MANGALURU 575003 A PARTNERSHIP FIRM - 9 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 REPTD BY ITS MANAGING PARTNER SRI RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR MANGALURU 575001. 2. SRI. RAMESH KUMAR S/O GHOODAPA SALIAN R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR MANGALURU 575001. 3. SMT. URMILA RAMESH W/O SRI. RAMESH KUMAR PARTNER M/S. R.K. DEVELOPERS R/AT. SARASWATHI OPP. MANGALAL STADIUM GANDHI NAGAR MANGALURU-575001. …RESPONDENTS (BY SRI. K. RAVISHANKAR, ADV., FOR C/R1 & R2) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE ORDER ANNEXURE A. QUASH THE ORDER ANNEXURE A DATED 21.09.2022 MADE IN COM EX.CASE NO 566/2020 PASSED BY THE COURT OF THE IV ADDITIONAL DISTRICT, D.K. MANGALURU TO THE EXTENT IT IS CHALLENGED BEFORE THIS HON’BLE COURT & ETC. - 10 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 IN W.P. NO.18225/2023: BETWEEN: M/S. R.K. BUILDERS DOOR NO. 4-6-577/31 MAHENDRA ARCADE 1ST FLOOR, KARANGALPADI MANGALURU - 575 002 A PARTNERSHIP FIRM

REP. BY ITS MANAGING PARTNER/PARNTER SRI. RAMESH KUMAR S/O CHOODAPPA SALIAN AGED 73 YEARS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU D.K.DISTRICT - 575 003. 2. SMT. URMILA RAMESH W/O RAMESH KUMAR AGED ABOUT 70 YEARS PARTNER M/S R.K.BUILDERS R/AT SARASWATHI OPP. MANGALA STADIUM GANDHI NAGAR, MANGALURU D.K.DISTRICT - 575 003. 3. DIVYA RAMESH D/O RAMESH KUMAR AGED 37 YEARS PARTNER M/S R.K.BUILDERS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU D.K.DISTRICT - 575 003. ...PETITIONERS (BY SRI. K. RAVISHANKAR, ADV.,) - 11 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 AND: M/S. LUDRIC ENTERPRISES NO.17-20-1458/1 SHIVALI ARCADE, FALNIR ROAD MANGALURU - 575 002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REP BY ITS PARTNER RONALD BENJAMIN RODRIGUES S/O LATE R.F. RODRIGUES AGED 62 YEARS R/AT NO. 18-2-20(2) G-1, ROSHNY, STURROCK ROAD FALNIR, MANGALURU – 575 001. …RESPONDENT (BY SRI. VISHWAJITH RAI M, ADV.,) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 26.09.2022 PASSED IN EXECUTION CASE 630/2020 VIDE ANNEXURE-A PENDING ON THE FILE OF I ADDL. DIST JUDGE MANGALORE AND AWARD INTEREST FROM THE DATE OF DECREE TILL ITS REALIZATION & ETC. IN W.P. NO.18262/2023: BETWEEN: M/S. R.K. BUILDERS DOOR NO. 4-6-577/31, MAHENDRA ARCADE 1ST FLOOR, KARANGALPADI

MANGALURU – 575002 A PARTNERSHIP FIRM REP. BY ITS MANAGING PARTNER/ PARTNER SRI. RAMESH KUMAR - 12 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 S/O CHOODAPPA SALIAN AGED ABOUT 73 YEARS R/AT SARASWATHI OPP MANGALA STADIUM GANDHI NAGAR, MANGALURU D.K. DISTRICT – 575003. …PETITIONER (BY SRI. K. RAVISHANKAR, ADV.,) AND: M/S. RINI AGENCIES NO. 5-38, LUDRIC COMPOUND GUDDETHOTA, KANKANADY POST MANGALURU-575 002 A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF PARTNERSHIP ACT REP. BY ITS PARTNER RONALD BENJAMIN RODRIGUES S/O LATE R.F. RODRIGUES AGED ABOUT 63 YEARS R/AT NO. 18-2-20(2) G-1, ROSHNY, STURROCK ROAD FALNIR, MANGALURU – 575 001. …RESPONDENT (BY SRI. VISHWAJITH RAI M, ADV.,) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 26.09.2022 PASSED IN EXECUTION CASE 631/2020 PENDING ON THE FILE OF I ADDL. DIST JUDGE MANGALURU AND AWARD INTEREST FROM THE DATE OF DECREE TILL ITS REALIZATION & ETC. THESE PETITIONS HAVING BEEN HEARD AND RESERVED ON 22.07.2026, COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY, THE COURT MADE THE FOLLOWING: - 13 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL CAV ORDER

W.P.Nos.21680/2022 and 18225/2023 are filed by the decree holder and judgment debtor, respectively challenging the order dated 26.09.2022 passed in Ex.No.630/2020 by the I Additional District and Sessions Judge, D.K.Mangalore. W.P.Nos.21630/2022 and 18262/2023 are filed by the decree holder and the judgment debtor, respectively challenging the order dated 26.09.2022 passed in Ex.No.631/2020 by the I Additional District and Sessions Judge, D.K.Mangalore W.P.No.22462/2022 is filed by the decree holder challenging the order dated 21.09.2022 passed in Com.Ex.No.566/2020 by the IV Additional District Judge, Mangaluru. W.P.No.21658/2022 is filed by the decree holder challenging the order dated 21.09.2022 passed in - 14 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 Com.Ex.No.605/2020 by the IV Additional District Judge, Mangaluru. W.P.No.21631/2022 is filed by the decree holder challenging the order dated 21.09.2022 in Com.Ex.No.754/2020 passed by the IV Additional District Judge, Mangaluru. 2. For the sake of convenience, the parties shall be referred to as follows: The petitioner No.1 in W.P.No.18225/2023, the petitioner in W.P.No.18262/2023, the respondent No.1 in W.P.Nos.21680/2022, 21630/2022, 21631/2022, 21658/2022 and 22462/2022 shall be referred to as ‘R.K.Builders’. The petitioner in W.P.Nos.21680/2022 and 21631/2022 and the respondent in W.P.No.18225/2023 shall be referred to as ‘Ludric Enterprises’. - 15 -

HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 The petitioner in W.P.Nos.21630/2022, 21658/2022 and 22462/2022 and respondent in W.P.No.18262/2023 shall be referred to as ‘Rini Agencies’ 3. Heard Sri.K.Ravishankar, learned counsel appearing for the R.K.Builders and Sri.Vishwajith Rai M, learned counsel appearing for the Ludric Enterprises and Rini Agencies. W.P.No.21680/2022 and W.P.No.18225/2023 4. Ludric Enterprises filed a suit in O.S.No.79/2017 against R.K.Builders for the relief of recovery of a sum of Rs.1,95,51,463/- along with interest at 18%. In the said suit, both R.K.Builders and Ludric Enterprises filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below: “The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of - 16 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 Rs.1,95,51,463/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff.

b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award in terms of joint memo in ends of justice and equity”. 5. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo. - 17 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 Subsequently, Ludric Enterprises filed an execution petition in Ex.Case.No.630/2020 seeking to execute the compromise decree. The Executing Court, on consideration of the same proceeded to pass the impugned order dated 26.09.2022 directing R.K.Builders to pay Rs.1,95,51,463/- along with interest at 14% p.a. from the date of suit till its realization. Being aggrieved, both the parties have filed these petitions.

6. The learned counsel appearing for Ludric Enterprises contends that the interest is payable at 18% p.a. as per the plaint and from the due date, when the money was payable, whereas learned counsel appearing for R.K.Builders contends that the Executing Court has rightly considered the interest payable at 14% p.a., however, has erred in directing to pay the same from the date of the suit as it ought to be payable from the date of the decree. - 18 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 W.P.No.21630/2022 and W.P.No.18262/2023 7. Rini Agencies filed a suit in O.S.No.76/2017 against R.K.Builders seeking the relief of recovery of a sum of Rs.32,02,584/- along with interest at 18% p.a. In the said suit, both R.K.Builders and Rini Agencies filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below: “The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of Rs.32,02,584/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff.

b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; - 19 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award in terms of joint memo in ends of justice and equity” 8. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo. Subsequently, Rini Agencies filed an execution petition in Ex.Case.No.631/2020 seeking to execute the compromise decree. The Executing Court, on consideration of the same proceeded to pass the impugned order dated 26.09.2022 directing R.K.Builders to pay Rs.32,02,584/-along with interest at 14% p.a. from the date of suit till its - 20 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 realization. Being aggrieved, both the parties have filed these petitions.

9. The learned counsel appearing for Rini Agencies contends that the interest is payable at 18% p.a. as per the plaint and from the due date, when the money was payable, whereas the learned counsel appearing for R.K.Builders contends that the Executing Court has rightly considered the interest payable at 14% p.a., however, has erred in directing to pay the same from the date of the suit as it ought to be payable from the date of the decree. W.P.No.22462/2022 10. Rini Agencies filed a suit in O.S.No.76/2017 against R.K.Builders seeking the relief of recovery of a sum of Rs.32,02,584/- along with interest at 18% p.a. In the said suit, both R.K.Builders and the Rini Agencies filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below: - 21 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 “The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of Rs.32,02,584/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff.

b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award - 22 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 in terms of joint memo in ends of justice and equity” 11. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo. Subsequently, Rini Agencies filed an execution petition in Com.Ex.Case.No.566/2020 seeking to execute the compromise decree. The Executing Court, on consideration of the same proceeded to pass the impugned order dated 21.09.2022 directing R.K.Builders to pay Rs.32,02,584/- along with interest at 14% p.a. from the date of the decree i.e. 22.04.2018. Being aggrieved, Rini Agencies has filed this petition and the learned counsel for Rini Agencies contends that the interest is payable at 18% p.a. as per the plaint and that the interest is payable from the due date, when the amount was payable and not from the date of the decree. W.P.No.21658/2022

12. Rini Agencies filed a suit in O.S.No.78/2017 against R.K.Builders seeking the relief of recovery of a - 23 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 sum of Rs.97,71,464/- along with interest at 18% p.a. In the said suit, both R.K.Builders and the Rini Agencies filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below: “The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of Rs.97,71,464/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff. b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a - 24 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022

period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award in terms of joint memo in ends of justice and equity” 13. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo. Subsequently, Rini Agencies filed an execution petition in Ex.Case.No.605/2020 seeking to execute the compromise decree. The Execution Court, on consideration of the same proceeded to pass the impugned order dated 21.09.2022 directing R.K.Builders to pay the recovery money along with interest at 14% p.a. from the date of decree i.e. 22.04.2018. Being aggrieved, Rini Agencies has filed this petition as the learned counsel for Rini Agencies contends that the interest is payable at 18% p.a. as per the plaint and that the interest is payable from the due date, when - 25 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 the amount was payable and not from the date of the decree. W.P.No.21631/2022 14. Ludric Enterprises filed a suit in O.S.No.77/2017 seeking to recover a sum of Rs.26,33,683/- along with interest at the rate of 18% p.a. In the said suit, both R.K.Builders and the Ludric Enterprises filed a joint memo before the Lok Adalath seeking to enter into a compromise. The relevant portion of the joint memo is extracted below:

“The plaintiff and the defendant named above respectfully submit as under: 1. It is submitted that the plaintiff has filed the above suit for recovery of money of Rs.26,33,683/- along with 14% interest per annum against the defendant. 2. The plaintiff and defendant have discussed the issues arising out of the dispute and have arrived at settlement. The terms of settlement are as under: - 26 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 a) The defendant agrees to pay the suit claim amount within a period of five(5) months from today to the plaintiff. b) The defendants has no objection in decreeing the suit of the plaintiff as prayed for; c) In view of the settlement arrived at between the parties the plaintiff is entitled for refund of court fee in accordance with law. d) In the event of the failure of the defendants to pay the decretal amount with interest within a period of five(5) months from today plaintiff shall be entitled to execute the award passed in pursuance of this settlement in accordance with law. e) Both the plaintiff and defendant pay that this Hon’ble Loka-Adalath be pleased to pass an award in terms of joint memo in ends of justice and equity”. 15. The Lok Adalath passed a compromise decree dated 22.04.2018 in terms of the joint memo.

Subsequently, Rini Agencies filed an execution petition in Ex.Case.No.754/2020 seeking to execute the compromise decree. The Executing Court, on consideration of the same proceeded to pass the impugned order dated 21.09.2022 - 27 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 directing R.K.Builders to pay the recovery money along with interest at 14% p.a. from the date of decree i.e. 22.04.2018. Being aggrieved, Ludric Enterprises has filed this petition as the learned counsel appearing for Ludric Enterprises contends that the interest is payable at 18% p.a. as per the plaint and that the interest is payable from the due date, when the amount was payable and not from the date of the decree. 16. The aforesaid enunciation of facts and contentions raised by the learned counsels appearing on both the sides clearly indicate that the extent of the dispute is limited to the rate of interest payable and the date from which the interest is payable. A perusal of the joint memo filed by the contesting parties in the respective suits and the subsequent compromise decree passed in terms of the said joint memo in all the aforesaid suits indicate the interest rate at 14% p.a. Hence, the learned counsel for Rini Agencies and Ludric Enterprises cannot - 28 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022

now contend that the rate of interest is payable at 18% p.a. as sought in the plaint. The said contention is erroneous and without any sound legal reasoning. Hence, the Executing Court has rightly considered the interest to be payable at 14% p.a. as per the joint memo and the compromise decree and the same does not call for any interference. 17. Insofar as the contention raised by both the counsels regarding the date from which the interest is to be paid, it is to be noticed that the joint memo and the compromise decree do not specify any specific date. The nature of the decree that is sought to be executed is a compromise decree which is nothing but a contract that has the sanction of the Court. It is also trite law that the scope of a compromise decree cannot be altered by the Executing Court. Therefore, I am of the considered view that in absence of any specific date for the interest payable in the joint memo as well as the compromise - 29 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022

decree, the date will have to be deemed as the date of decree. The holistic reading of the plaint averments, prayer in all the suits, joint memos filed by the parties, which are accepted by the Lok Adalath and the decree has been drawn, I am of the view that R.K.Builders had agreed to pay the principal amount with interest at 14% p.a. from the date of the decree. The contention for the learned counsel for Ludric Enterprises and Rini Agencies that the interest is payable from the date the principal amount becomes due is an intent of the parties and accordingly the joint compromise petition is filed, has no logic. If such a contention is accepted, then it would amount to R.K.Builders accepting the entire claim of Ludric Enterprises as well as Rini Agencies as prayed in the suits. If R.K.Builders intended to concede the suit, there would have been no question of contesting the said suits on merits. It appears that they have agreed to settle the dispute before the Lok Adalath only because of the concession of the rate of interest and the calculation of the - 30 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 interest from the date of decree. Hence, the impugned orders of the Executing Court challenged in W.P.No.18225/2023 and W.P.No.18262/2023 to the extent of the date from which the interest is payable, is required to be interfered with. 18. For the aforementioned reasons, I proceed to pass the following: ORDER

(i) W.P.No.21680/2022, W.P.No.21630/2022, W.P.No.21631/2022, W.P.No.21658/2022, W.P.No.22462/2022 are dismissed. (ii) W.P.No.18225/2023 and W.P.No.18262/2023 are allowed-in-part. (iii) The impugned order dated 26.09.2022 passed by the I Additional District and Sessions Judge, D.K.Mangalore in Ex.Case.No.631/2020 is modified to the extent of the date from which the - 31 - HC-KAR NC: 2026:KHC:38685 W.P. No.21680/2022 AND CONNECTED MATTERS CNR: KAHC010497722022 interest would be payable i.e. from the date of the decree. (iv) The impugned order dated 26.09.2022 passed by the I Additional District and Sessions Judge, D.K.Mangalore in Ex.Case.No.630/2020 is modified to the extent of the date from which the interest would be payable i.e. from the date of the decree. (v) The Executing Court in all the aforesaid cases is directed to call for a memo of calculation from the parties and proceed with the execution, keeping in mind the aforesaid findings. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 1