- 1 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 100039 OF 2023 (PAR/POS) BETWEEN: 1. DODDABASANGOUDA S/O. KALLANGOUDA PATIL, AGE: 71 YEARS, OCC: PENSIONER, R/O. TURAMARI PLOT, SHIVABASAVA NAGAR, GULAGANJIKOPPA, MEHBOOB NAGAR ROAD, DHARWAD. 2. SHRI. SHANKARGOUDA S/O. KALLANAGOUDA PATIL @ GADUNAVAR, AGE: 68 YEARS, OCC: PENSIONER, R/O. 6TH CROSS, 2ND MAIN, EWS 131, NAVANAGAR, HUBBALLI. 3. SMT. KASTURI W/O. SURESH KAJAGAR AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O. GURUWARPETH, KALMATH ROAD, KITTUR, TQ: BAILHONGAL, DIST: BELAGAVI. 4. SMT. BASAVVA W/O. IRAPPA KAJAGAR AGE: 58 YEARS, OCC: HOUSEHOLD, R/O. INDIRA NAGAR, BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI. 5. SMT. GANGAVVA W/O. BHIMAPPA KUSUGAL AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. GULAGANJIKOPPA, MEHABOOB NAGAR, LAST BUS-STOP, DHARWAD. …APPELLANTS (BY SRI. IRANAGOUDA K.KABBUR, ADVOCATE) Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.02 16:03:13 +0530 - 2 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 AND: 1. SRI. GADIGEPPA S/O. BASSAVANTAPPA KUSUGAL SINCE DECEASED BY HIS LRS., SRI. CHANNAPPA S/O. GADIGEPPA KUSUGAL SINCE DECEASED BY HIS LRs., 2. SMT. BASAVVA W/O. CHANABASAPPA KUSUGAL AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. AMULYA PHOTO STUDIO, AMBEDKAR CIRCLE, INDI, TQ: INDI, DIST: VIJAYAPUR. 3. SHRI. PRAKASH S/O. CHANABASAPPA KUSUGAL AGE: 46 YEARS, OCC: BUSINESS, R/O. AMULYA PHOTO STUDIO, AMBEDKAR CIRCLE, INDI, TQ: INDI, DIST: VIJAYAPUR. 4. SMT. ANNAPURNA W/O. MALLIKARJUN PUJARI AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O. TEJASWINAGAR, NEAR RAILWAY BRIDGE, DHARWAD. 5. SHRI. ARUN S/O. CHANABASAPPA KUSUGAL AGE: 41 YEARS, OCC: BUSINESS, R/O. AMULYA PHOTO STUDIO, AMBEDKAR CIRCLE, INDI, TQ: INDI, DIST: VIJAYAPUR. 6. SMT. LALITA W/O. BASAVARAJ HONGAL AGE: 72 YEARS, OCC: HOUSEHOLD WORK, R/O. NIGADI VILLAGE, TQ: DIST: VIJAYAPUR. 7. SHRI. CHANDRAKANT S/O. GADIGEPPA KUSUGAL AGE: 70 YEARS, OCC: PENSIONER, R/O. SHARADA LAYOUT, 8TH CROSS, Y.S.COLONY, DHARWAD. 8. SMT. SUVARNA W/O. CHANNABASAPPA ANGADI AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O. MALAPUR, LAST BUS STOP, 2ND CROSS, RAJ NAGAR, DHARWAD. 9. SMT. RATNA W/O. ASHOK BEGUR AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O. TATTUNUAGI, POST: AMMANKOPPA, TQ: HALIYAL, DIST: KARWAR. - 3 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 SHRI. SHIVAPPA S/O. BASAVANTAPPA KUSUGAL SINCE DECEASED BY HIS LRs., 10. SMT. CHANNAVVA W/O. SHIVAPPA KUSUGAL AGE: 85 YEARS, OCC: HOUSEHOLD WORK, R/O. NAGENDRA NAGAR, YATTINAGUDDA ROAD, KUSUGAL PLOT, DHARWAD. 11. SHRI. SHEKHAPPA S/O. SHIVAPPA KUSUGAL AGE: 53 YEARS, OCC: AGRICULTURE, R/O. NAGENDRA NAGAR, YATTINAGUDDA ROAD, KUSUGAL PLOT, DHARWAD. 12. SHRI. SHRISHAIL S/O. SHIVAPPA KUSUGAL AGE: 50 YEARS, OCC: AGRICULTURE, R/O. NAGENDRA NAGAR, YATTINAGUDDA ROAD, KUSUGAL PLOT, DHARWAD. 13. SMT. MALLAVVA W/O. BASAPPA GODIKATTI AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O. ANJANEYA NAGAR, 8TH CROSS, KELAGERI, DHARWAD. ULAVAPPA S/O. SHIVAPPA KUSUGAL SINCE DECEASED BY HIS LRs., 14. SMT. RENAVVA W/O. ULAVAPPA KUSUGAL AGE: 56 YEARS, OCC: HOUSEHOLD WORK, R/O. MEHABOOB NAGAR ROAD, 5TH CROSS, KUSUGAL PLOT, DHARWAD. 15. SHRI. SHRIDHAR S/O. ULAVAPPA KUSUGAL AGE: 34 YEARS, OCC: AGRICULTURE, R/O. MEHABOOB NAGAR ROAD, 5TH CROSS, KUSUGAL PLOT, DHARWAD. 16. SHRI. SUNIL S/O. ULAVAPPA KUSUGAL AGE: 32 YEARS, OCC: AGRICULTURE, R/O. MEHABOOB NAGAR ROAD, 5TH CROSS, KUSUGAL PLOT, DHARWAD. 17. KUMARI. YALLAMMA D/O. ULAVAPPA KUSUGAL AGE: 32 YEARS, OCC: AGRICULTURE, R/O. MEHABOOB NAGAR ROAD, 5TH CROSS, KUSUGAL PLOT, DHARWAD. - 4 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 18. SMT. TAYAVVA W/O. NAGAPPA KUSUGAL SINCE DECEASED BY HER LRs ALREADY ON RECORDS IN THIS APPEAL AS RESPONDENTS NO.23, 24 AND 25. SHRI. BASAPPA S/O. NAGAPPA KUSUGAL SINCE DECEASED BY HIS LRs., 19. SMT. SUMAVVA W/O. BASAPPA KUSUGAL AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O. MEHABOOB NAGAR ROAD, SHIVALLI PLOT, NEAR NEW HIGH SCHOOL, DHARWAD. 20. SMT. ASHWINI W/O. SHRIKANT SALAKI AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. MEHABOOB NAGAR ROAD, SHIVALLI PLOT, NEAR NEW HIGH SCHOOL, DHARWAD. 21. SHRI. AKSHAY S/O. BASAPPA KUSUGAL AGE: 32 YEARS, OCC: PRIVATE SERVICE, R/O. MEHABOOB NAGAR ROAD, SHIVALLI PLOT, NEAR NEW HIGH SCHOOL, DHARWAD. 22. SHRI. MANJUNATH S/O. BASAPPA KUSUGAL AGE: 30 YEARS, OCC: PRIVATE SERVICE, R/O. MEHABOOB NAGAR ROAD, SHIVALLI PLOT, NEAR NEW HIGH SCHOOL, DHARWAD. 23. SMT. VIJAYALAXMI W/O. SHRIKANT JANARAL AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O. GULAGANJIKOPPA, DHARWAD. 24. SHRI. SURESH S/O. NAGAPPA KUSUGAL AGE: 50 YEARS, OCC: AGRICULTURE, R/O. GULAGANJIKOPPA, DHARWAD. 25. SHRI. HANAMANTHAPPA S/O. NAGAPPA KUSUGAL AGE: 48 YEARS, OCC: AGRICULTURE, R/O. GULAGANJIKOPPA, DHARWAD. 26. SHRI. KARABASAPPA S/O. BASAVANTAPPA KUSUGAL AGE: 72 YEARS, OCC: AGRICULTURE, R/O. GULAGANJIKOPPA, DHARWAD. - 5 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 SMT. NINGAVVA W/O. NAGAPPA GAGATENNAVAR SINCE DECEASED BY HER LRs., 27. SHRI. SANNABASANAGOUDA @ BASANAGOUDA S/O. KALLANAGOUDA PATIL, AGE: 52 YEARS, OCC: BUSINESS, R/O. GULAGANJIKOPPA, DHARWAD. 28. SMT. MALLAVVA W/O. MALLAPPA GANGYANAGATTI AGE: 73 YEARS, OCC: HOUSEHOLD WORK, R/O. KALLAPUR, TQ: DIST: DHARWAD. 29. SHRI. FAKKIRAPPA S/O. BASAPPA WALISUNKAD AGE: 68 YEARS, OCC: AGRICULTURE, R/O. SHINGANALLI, TQ: DIST: DHARWAD. 30. SMT. AKKAVVA W/O. IRAPPA ANEKIVI SINCE DECEASED BY HER LRs, 30(A). NIMBANNA S/O. IRAPPA ANIKIVI AGE: 46 YEARS, OCC: AGRICULTURE, R/O. GOVANAKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI. 30(B). SOMANING S/O. IRAPPA ANIKIVI AGE: 43 YEARS, OCC: AGRICULTURE, R/O. GOVANAKOPPA, TQ: BAILHONGAL, DIST: BELAGAVI. 31. SMT. YALLAVVA W/O. TIRAKAPPA WALISUNKAD AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O. SHINGANALLI, TQ: DIST: DHARWAD. 32. SMT. HUVAKKA W/O. BASAPPA KERIMANI AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. MORAB VILLAGE, TQ: NAVALAGUND, DIST: DHARWAD. 33. SMT. MUTTAVVA W/O. SHEKHAPPA KUSUGAL AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. GULAGANJIKOPPA, GUDI ONI, DHARWAD. 34. SMT. RATNAVVA W/O. SHANKARAPPA KUSUGAL AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O. GULAGANJIKOPPA, GUDI ONI, DHARWAD. - 6 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 35. SMT. NINGAVVA W/O. MADIVALAPPA SABARAD AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. MANGALGATTI, TQ. DIST: DHARWAD. 36. SMT. SUNANDA W/O. BASANAGOUDA PATIL AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O. PARASAPUR, TQ: HUBBALLI, DIST: DHARWAD. 37. SMT. GOURAVVA W/O. FAKKIRGOUDA GOUDAR AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. KARADIGUDDA, TQ: DIST: DHARWAD. 38. SMT. GANGAVVA W/O. TIRAKAPPA WALISUNKAD AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O. SHINGANALLI VILLAGE, TQ: DIST: DHARWAD. 39. SMT. LALITA W/O. BASAVARAJ HONGAL AGE: 63 YEARS, OCC: HOUSEHOLD WORK, R/O. NIGADI VILLAGE, TQ: DIST: DHARWAD. 40. SHRI. IRAPPA S/O. BASAVARAJ HONGAL AGE: 48 YEARS, OCC: AGRICULTURE, R/O. NIGADI VILLAGE, TQ: DIST: DHARWAD. 41. SHRI. SHRIKANT S/O. BASAVARAJ HONGAL AGE: 46 YEARS, OCC: AGRICULTURE, R/O. NIGADI VILLAGE, TQ: DIST: DHARWAD. 42. SHRI. RAVI S/O. BASAVARAJ HONGAL AGE: 43 YEARS, OCC: AGRICULTURE, R/O. NIGADI VILLAGE, TQ: DIST: DHARWAD. 43. SMT. SAVAKKA W/O. KARABASAPPA KUSUGAL AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O. GULAGANJIKOPPA, DHARWAD. 44. BASAVANTAPPA S/O. KARABASAPPA KUSUGAL SINCE DECEASED BY HIS LRs., ARE ALREADY ON RECORD AS RESPONDENTS NO.26 AND 43 IN THIS APPEAL. …RESPONDENTS (BY SRI. SRI. DAYANAND M.BANDI AND SRI. R.B.DIVATAGI, ADVOCATES FOR R1 TO R17, R19 TO R25, R27 TO R30 (A & B), R31 TO R43; SRI. A.P.MURARI, ADVOCATE FOR R26; VIDE ORDER DATED 10.03.2025 R23 TO R25 ARE - 7 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 TREATED AS LRs. OF DECEASED R18 AND R26 AND R43 ARE TREATED AS LRs. OF DECEASED R44) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF C.P.C., AGAINST THE JUDGMENT AND DECREE DATED 31.10.2022 PASSED IN O.S.NO.388/2014 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE DHARWAD, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) The captioned appeal is by the plaintiffs assailing the judgment and decree rendered by the trial Court in O.S.No.388/2014. 2. Today, the parties to the appeal have filed a joint compromise petition under Order XXIII Rule 3 of CPC and the terms of compromise is recorded and reflected in the compromise petition. The appellants and respondent Nos.27 to 43 have together received Rs.90,00,000/- and have given up their rights in the suit schedule properties. - 8 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 The amount of Rs.90,00,000/- is paid through cheque and the particulars are furnished along with the joint compromise petition. Learned counsel for the parties submit that the amount of Rs.90,00,000/- is already credited. 3. The joint compromise petition submitted before this Court has been carefully examined in detail. To ensure that all parties have entered into the compromise voluntarily and with full understanding, this Court conducted specific queries with the appellants and respondent Nos. 27 to 43. In response, the appellants and the aforementioned respondents affirmed that they have willingly agreed to settle the matter through compromise. Furthermore, on an additional inquiry, they categorically stated that the terms and conditions of the compromise petition were duly explained to them in Kannada by their respective Advocates. After comprehending the terms in their entirety, they expressed their unreserved consent to - 9 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 the compromise and duly affixed their signatures to the petition. 4. Given the above deliberations, this Court is of the considered view that the appellants and the concerned respondents, having voluntarily resolved to put an end to the dispute through an amicable settlement, are fully entitled to have the matter compromised. The Court finds that the said compromise is legally valid and does not contravene any statutory provisions. The parties have affirmed that they are entering into this settlement of their own free will, without any force, coercion, undue influence, or external pressure. As no objections have been raised by any of the signatories regarding the legitimacy of the compromise or the circumstances surrounding its execution, this Court deems it appropriate to take the compromise petition, along with the relevant payment details, on record and admit the same. 5. In view of the amicable settlement arrived at between the parties, this appeal stands disposed of in - 10 - NC: 2025:KHC-D:5615-DB RFA No. 100039 of 2023 accordance with the terms outlined in the joint compromise petition. The said compromise petition shall be considered an integral part of the decree, and the decree shall be drawn accordingly in line with the terms of the settlement. The Court directs that the decree be drafted in strict adherence to the compromise petition, ensuring that all terms and conditions agreed upon by the parties are duly incorporated. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE CA Ct:vh List No.: 1 Sl No.: 16