- 1 - HC-KAR NC: 2025:KHC-D:11171 RFA No. 100462 of 2018 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100462 OF 2018 (DEC/INJ) BETWEEN: SHRI. BASAPPA S/O APPAYYA KHILARI AGE: 45 YEARS, OCC: AGRICULTURE, R/O: BHAIRANATTI VILLAGE-591227, TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI. G.B. NAIK AND SMT. P.G. NAIK, ADVOCATES) AND: 1. SMT. LAXMIBAI W/O VITTAL KHILARI AGE: 44 YEARS, OCC: AGRICULTURE, R/O: BHAIRANATTI VILLAGE-591227, TQ: GOKAK, DIST: BELAGAVI. 2. SHRI. PARAMANAND S/O VITTAL KHILARI AGE: 28 YEARS, OCC: AGRICULTURE, R/O: BHAIRANATTI VILLAGE-591227, TQ: GOKAK, DIST: BELAGAVI. 3. SHRI. SIDDAPPA S/O VITTAL KHILARI AGE: 25 YEARS, OCC: AGRICULTURE, R/O: BHAIRANATTI VILLAGE-591227, TQ: GOKAK, DIST: BELAGAVI. 4. SHRI. SHIVANAND S/O VITTAL KHILARI AGE: 23 YEARS, OCC: AGRICULTURE, R/O: BHAIRANATTI VILLAGE-591227, TQ: GOKAK, DIST: BELAGAVI. 5. SHRI. LAXMAPPA S/O SIDDAPPA DOLLI AGE: 69 YEARS, OCC: AGRICULTURE, R/O: BHAIRANATTI VILLAGE-591227, TQ: GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SRI. VITTHAL S. TELI, ADVOCATE FOR R1-R4; NOTICE TO R5 IS SERVED) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.03 11:08:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11171 RFA No. 100462 of 2018 THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 AND 2 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 01.09.2018 PASSED IN O.S.NO.180/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, GOKAK, DISMISSING THE SUIT FILED FOR DECLARATION AND PERMANENT INJUNCTION & ETC. THIS RFA COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellant and the respondents along with their respective counsel, are present before this court. They are identified by their respective counsel. 2. The appellant and the respondents have amicably settled their dispute and filed a joint memo, which reads as follows: “Herein the joint memo of the Appellant and Respondent Nos. 1 to 4 is as under: That the Plaintiff-Appellant and Respondent- Defendant Nos.1 to 4 have arrived at an amicable settlement with the intervention of elders and well- wishers. That the Respondent-Defendant Nos. 1 to 4 hereby agree and accept that both Appellant and - 3 - HC-KAR NC: 2025:KHC-D:11171 RFA No. 100462 of 2018 Respondent Nos.1 to 4 should share the suit land bearing R.S. No.15/1+2 totally measuring 1 Acre 20 out of which 30 Guntas, situated at Bhairanatti village in Gokak Taluka (Now Mudalagi Taluka) to the extent of 1/2 share each in the said land. The schedule annexed along with this memo describes the mode of sharing along with boundaries. It is further agreed that both Appellant and Respondent Nos. 1 to 4 shall enjoy the electric motor pump and pipeline jointly. The Appellant and Respondent Nos.1 to 4 have put their signatures willingly and without any force or coercion. Hence this joint memo.” 3. The contents of the joint memo was read over and explained to the parties in Kannada language, and they have accepted the terms and conditions of the joint memo. 4. I have perused the contents of the joint memo. 5. The joint memo is taken on record. 6. There is no legal impediment in accepting the joint memo. 7. Accordingly, the appeal is disposed off, in terms of the joint memo. - 4 - HC-KAR NC: 2025:KHC-D:11171 RFA No. 100462 of 2018 8. The office is directed to draw the decree, in terms of the joint memo. SD/- (ASHOK S. KINAGI) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 2