- 1 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100031 OF 2021 (PAR/POS) BETWEEN: 1. RAMAPPA S/O. HANUMANTHAPPA @ HANMAPPA BENNUR, AGE: 62 YEARS, OCC: AGRICULTURE AND RTD. EMPLOYEE, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 2. BASAPPA S/O. HANUMANTHAPPA @ HANMAPPA BENNUR, AGE: 61 YEARS,OCC: AGRICULTURE, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 3. HONNAPPA S/O. HANUMANTHAPPA @ HANMAPPA BENNUR, AGE: 57 YEARS,OCC: AGRICULTURE, R/O. KARURU, TQ: RANEBENUR, DIST: HAVERI-581115. …APPELLANTS (BY SRI. DINESH M.KULKARNI, ADVOCATE) AND: 1. GOURAVVA W/O. BASAPPA BYADAGI AGE: 62 YEARS,OCC: HOUSEHOLD, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581110. 2. SMT. PUTTAVVA W/O. SHIDDAPPA BYADAGI, SAMREEN AYUB DESHNUR SAMREEN AYUB DESHNUR HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 AGE: 64 YEARS, OCC: HOUSEWORK, R/O. AGADI, TQ: RANEBENNUR, DIST: HAVERI-581115. 3. KARABASAVVA W/O. NANJUNADAPPA BELLUDI, AGE: 68 YEARS, OCC: HOUSEHOLD, R/O. HANAGAWADI, TQ: HARIHAR, DIST: DAVANGERE-581115. 4. KARIYAPPA S/O. CHANNAPPA BENNUR, AGE: 68 YEARS, OCC: HOUSEHOLD, R/O. HANAGAWADI, TQ: HARIHAR, DIST: DAVANGERE-581115. HANUMANTHAPPA S/O. CHANNAPPA BENNUR, DECEASED BY HIS LR’s. 5. SMT. KARABASAVVA W/O. HANUMANTHAPPA BENNUR, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 6. KUMARI. KAVYA D/O. HANUMANTHAPPA BENNUR, AGE: 19 YEARS, OCC: STUDENT, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 7. CHANNAPPA S/O. HANUMANTHAPPA BENNUR, AGE: 17 YEARS, OCC: STUDENT, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. (MINOR SINCE R/BY HIS NATURAL MOTHER RESPONDENT NO.5 KARABASAVVA W/O. HANUMANTHAPPA BENNUR) 8. KUMARI. TEJU S/O. HANUMANTHAPPA BENNUR, AGE: 15 YEARS, OCC: STUDENT, - 3 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. (MINOR SINCE R/BY HER NATURAL MOTHER RESPONDENT NO.5 KARABASAVVA W/O. HANUMANTHAPPA BENNUR) 9. SMT. MALA W/O. SHANKREPPA BENNUR AGE: 38 YEARS, OCC: HOUSEHOLD, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 10. NAYANA D/O. SHANKREPPA BENNUR AGE: 10 YEARS, OCC: STUDENT, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI. (MINOR SINCE R/BY HER NATURAL MOTHER SMT. MALA W/O. SHANKREPPA BENNUR) 11. NAVEEN D/O. SHANKREPPA BENNUR AGE: 10 YEARS, OCC: STUDENT, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI. (MINOR SINCE R/BY HER NATURAL MOTHER SMT. MALA W/O. SHANKREPPA BENNUR) 12. SMT. NINGAMMA W/O. CHANNAPPA BENNUR, (SINCE DECEASED BY HIS LR’s ARE ALREADY ON RECORD AS RESPONDENTS NO.4 TO 8) 13. HANUMANTHAPPA S/O. BHEEMAPPA BENNUR, AGE: 61 YEARS, OCC: HOUSEHOLD, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 14. GANGAMMA W/O. FAKKIRAPPA BENNUR AGE: 43 YEARS, OCC: HOUSEHOLD, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 15. MANJAPPA S/O. BHEEMAPPA BENNUR - 4 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 AGE: 61 YEARS, OCC: AGRICULTURE, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 16. PRABHU S/O. BHEEMAPPA BENNUR AGE: 61 YEARS, OCC: AGRICULTURE, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 17. SHIVAPPA S/O. GOVINDAPPA BENNUR AGE: 49 YEARS, OCC: AGRICULTURE, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 18. CHANDRAPPA S/O. GOVINDAPPA BENNUR AGE: 49 YEARS, OCC: AGRICULTURE, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 19. SMT. SHIDDAMMA W/O. GOVINDAPPA BENNUR, (SINCE DECEASED BY HIS LR’s ARE ALREADY ON RECORD AS RESPONDENTS NO.17 AND 18) 20. SMT. GIRIJAMMA W/O. GOVINDAPPA BENNUR, AGE: 70 YEARS, OCC: HOUSEHOLD, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 21. VIJAY S/O. HANUMANTHAPPA KANNAGOUDRA, AGE: 29 YEARS, OCC: STUDENT, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 22. VIDYA S/O. HANUMANTHAPPA KANNAGOUDRA, AGE: 26 YEARS, OCC: STUDENT, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 23. LALITA S/O. HANUMANTHAPPA KANNAGOUDRA, - 5 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 AGE: 39 YEARS, OCC: STUDENT, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 24. SUMA W/O. SANJEEV HALAGERI AGE: 35 YEARS, OCC: HOUSEHOLD, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. 25. RUDRAPPA S/O. SHANTAPPA BENNUR AGE: 45 YEARS, OCC: AGRICULTURE, R/O. KARUR, TQ: RANEBENNUR, DIST: HAVERI-581115. …RESPONDENTS (BY SRI. N.R.KUPPELUR, ADVOCATE FOR R1 AND R2; SRI. KIRANKUMAR S.CHATTIMATH, ADVOCATE FOF R16; SRI. M.B.KANAVI, ADVOCATE IS APPOINTED AS COURT GUARDIAN FOR MINOR R10 AND R11 VIDE ORDER DATED 08.12.2023; NOTICE TO R3 TO R6, R13 TO R15, R17, R18, R20 TO R25 ARE SERVED; R7 AND R8 ARE MINORS REPRESENTED BY R5; NOTICE TO R9 IS HELD SUFFICIENT VIDE ORDER DATED 07.11.2023 (R10 AND R11 ARE MINORS REP. BY R9); R12 AND R19 ARE DECEASED (R4 TO R8 ARE THE LR’s OF DECEASED R12 AND R17, R18 ARE THE LR’s OF DECEASED R19 VIDE ORDER DATED 07.11.2023) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.11.2020 PASSED IN O.S.NO.59/2017 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present appeal is filed by defendant Nos.1 to 3 calling in question that the judgment and decree dated 25.11.2020 passed in O.S.No.59/2017 by the I Additional Senior Civil Judge and JMFC., Ranebennur1, whereunder, the suit for partition and separate possession filed by respondent Nos.1 and 2/plaintiff Nos.1 and 2 has been partly decreed by the Trial Court holding that the plaintiffs are entitled to 1/6th share in the 1/5th share of their father Hanumanthappa in the suit schedule ‘A’ and ‘B” properties. 2. Learned counsel for the appellants and learned counsel for respondent Nos.1 and 2 have filed a memorandum of compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 19082, which is singed by appellant Nos.1 to 3 and respondent Nos.1 to 3, which reads as under: 1 Hereinafter referred to as “the Trial Court” for short 2 Hereinafter referred to as “the CPC” for short. - 7 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 “MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF CODE OF CIVIL PROCEDURE, 1908 The Appellants and Respondents no. 1 to 3 respectfully submits and entered into compromise as under, 1. The Respondents No. 1 and 2 filed the suit O.S No. 59/2017 before the I Addl Senior Civil judge and JMFC, Ranebennur for the relief of partition and separate possession. Suit is decreed granting plaintiff No. 1 and 2 1/6th share in the 1/5th share of their father Hanumanthappa in the suit schedule A & B properties. Defendants No. 1 to 3 have filed this appeal. Now, by intervention of mediator and as per the advice of elders the parties have settled as under. 2. The Respondents 4 to 25 are formal parties. Hence they are not parties to this compromise. 3. As per this Compromise the Agriculture Land measuring 1 Acre 20 Guntas of land bearing old Sy No. 34/3 and new Sy. No. 34/1 totally measuring 4 Acre 11 Guntas of Airani Village Ranebennur Taluka haveri District is allotted jointly to Respondent No.1 Gouravva Basappa Byadagi and Respondent No.2 Smt. Puttavva W/o Shiddappa Byadagi. The said portion is identified as per following Boundaries: EAST - Shivappa Hemappa Nandihalli Land WEST- Govt. Road and & Ujjappa Kyatammanavar Land NORTH- Road & Kotravva, Akkamma, Hanumanthappa Ramappa Bennur Land SOUTH - Remaining portion of land Sy No. 34/1 in the name of Honappa Hanumanthappa Bennur - 8 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 The Appellants No. 1 to 3 and Respondent No.3 have no right over this aforesaid land. 4. The Respondent No.1 and 2 have given up their share, right and title over other suit properties. 5. The Appellants 1 to 3 will re-adjust their share in remaining suit properties by filling Final Decree Proceedings before the trail court. 6. The Respondent No.3 has given up her claim over suit properties in favour of Appellant No.1, 2 and 3 by accepting the above referred settlement between Appellants and Respondent No. 1 and 2. Hence, the Judgment & Decree of trial court may kindly be modified and office may kindly be directed to draw Final Decree in terms of this Compromise Petition. Place: Dharwad Date: 23.09.2025 Sd/- Sd/- Appellant No. 1) Respondent No.1) Sd/- Sd/- Appellant No. 2) Respondent No.2) Sd/- Sd/- Appellant No.3) Respondent No.3) Sd/- Sd/- ADV FOR APPELLANTS ADV FOR RESPONDENT NO 1 & 2 (DINESH M KULKARNI) (N. R. KUPPELUR) 3. It is submitted by both the learned counsels that, respondent nos.4 to 25 are the formal parties. - 9 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 4. Appellant Nos.1 to 3 and respondent Nos.1 to 3 are present before the Court and they are identified by their respective counsels. The said parties agree and admit that they have entered into the compromise, the terms of which have been placed on record. 5. We are satisfied that the compromise agreed between the parties is voluntary. 6. In view of the aforementioned, the above appeal is disposed of in terms of the compromise and the impugned judgment and decree insofar as it relates to item No.3 of the schedule ‘A’ of the suit properties shall stand modified in terms of the compromise. 7. Hence, we pass the following : ORDER (i) The above appeal is disposed of in terms of the compromise; (ii) The impugned judgment and decree insofar as it relates to item No.3 of the schedule ‘A’ suit properties shall stand modified in terms of the compromise; - 10 - HC-KAR NC: 2025:KHC-D:12987-DB RFA No. 100031 of 2021 (iii) Liberty is reserved in favour of appellant Nos.1 to 3/defendant Nos.1 to 3 to initiate final decree proceedings for readjustment of their shares in respect of the remaining suit properties; (iv) The impugned judgment and decree is modified only in respect of a portion of Item No.3 of the suit schedule properties (which portion is described in paragraph No.3 of the compromise petition); (v) Decree to be drawn accordingly. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE EM Ct:vh List No.: 2 Sl No.: 1