- 1 - NC: 2025:KHC-D:1997 RSA No. 100034 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100034 OF 2025 (PAR/POS-) BETWEEN: 1. HANAMANTH S/O LAXMAPPA BAJANTRI AGE.62 YEARS, OCC. BUSINESS 2. BALAKRISHNA S/O LAXMAPPA BAJANTRI AGE.66 YEARS, OCC. AGRICULTURE 3. BHIMAPPA S/O LAXMAPPA BAJANTRI AGE.61 YEARS, OCC. BUSINESS 4. HUCHCHAPPA S/O LAXMAPPA BAJANTRI AGE.56 YEARS, OCC. GOVT. EMPLOYEE APPELLANTS (BY SRI.AKSHAY KATTI, ADVOCATE AND SRI.ANAND KUMAR ASHTEKAR, ADVOCATE) AND: SANNAPAKIRAPPA S/O LAXMAPPA BAJANTRI DECEASED AND R/BY RESPONDENTS/DEFENDANTS NO.2 TO 7 1. PARVATEVVA W/O SANNAPAKIRAPPA BAJANTRI AGE.61 YEARS, OCC. HOUSEHOLD WORK MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:43:08 +0530 - 2 - NC: 2025:KHC-D:1997 RSA No. 100034 of 2025 R/O.KALADAGI VILLAGE, TQ AND DIST. BAGALKOTE-587204 2. VITTHAL S/O SANNAPAKIRAPPA BAJANTRI AGE.44 YEARS, OCC. AGRICULTURE R/O.KALADAGI VILLAGE, TQ AND DIST. BAGALKOTE-587204 3. GANGAVVA W/O YANKAPPA BAJANTRI AGE.40 YEARS, OCC.HOUSEHOLD R/O GIRISAGAR VILLAGE TQ. BILAGI DIST. BAGALKOTE-587116 4. HANAMAVVA W/O NAGAPPA BAJANTRI AGE.36 YEARS, OCC.HOUSEHOLD WORK R/O. BATAKURKI VILLAGE TQ. RAMADURGA DIST. BAGALKOTE-591123 5. SHRIKANT S/O SANNAPAKIRAPPA BAJANTRI AGE.34 YEARS, OCC.AGRICULTURE R/O KALADAGI VILLAGE TQ. AND DIST. BAGALKOTE-587204 7. ASHOK S/O SANNAPAKIRAPPA BAJANTRI AGE.43 YEARS, OCC.COOLIE R/O KALADAGI VILLAGE TQ. AND DIST. BAGALKOTE-587204 …RESPONDENTS (BY SRI.VIJAY PATIL, ADVOCATE) THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO ALLOW THE PRESENT APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 17.06.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BAGALKOTE IN R.A.NO.177/2022 AS WELL AS THE JUDGMENT AND DECREE DATED 26.03.2016 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BAGALKOTE IN O.S.NO.83/2013 AND CONSEQUENTLY DECREE THE SUIT FILED BY THE PLAINTIFFS/ APPELLANTS BY THEM GRANTING 1/5TH SHARE EACH IN THE SUIT SCHEDULE PROPERTY IN THE ENDS OF JUSTICE. - 3 - NC: 2025:KHC-D:1997 RSA No. 100034 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER/JUDGMENT (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) 1. This appeal is preferred by the plaintiffs assailing the judgment and decree dated 17.06.2023 in R.A.No.177/2022 (old R.A.No.40/2016) on the file of the Principal Judge, Family Court at Bagalkote, dismissing the appeal and confirming the judgment and decree dated 26.03.2016 in O.S.No.83/2013 on the file of the Principal Senior Civil Judge, Bagalkote dismissing the suit of the plaintiffs. 2. It is submitted by the learned counsel appearing for the parties that the parties to the lis have settled the matter, hence, filed the compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure. - 4 - NC: 2025:KHC-D:1997 RSA No. 100034 of 2025 3. The parties are present before the Court and submitted that they have agreed to resolve the dispute in terms of the compromise petition. 4. Having taken note of the factual aspects on record and as the parties have agreed to settle the matter, they are filing compromise petition dated 30.01.2025. Hence, the judgment and decree passed by the Courts below are hereby modified in terms of the compromise petition filed by the parties. 5. Registry is directed to draw the decree in terms of the compromise entered into between the parties. 6. Hence, the appeal is disposed of. Sd/- (E.S.INDIRESH) JUDGE SH List No.: 1 Sl No.: 23