- 1 - HC-KAR NC: 2025:KHC-D:11341-DB RFA No. 100492 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH 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. 100492 OF 2023 (DEC/PAR) BETWEEN: 1. SRI. RAMESH S/O. DADASAHEB JADHAV AGE: 44 YEARS, OCC: AGRICULTURE, R/O. JAMAKHANDI-587301, TQ: JAMAKHANDI, DIST: BAGALKOTE. 2. SRI. CHANDRASHEKHAR S/O. RATIKANT VEDAPATHAK, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. JAMAKHANDI-587301, TQ: JAMAKHANDI, DIST: BAGALKOTE. 3. SRI. ABDULGAPUR S/O. ABDULKHADAR PARATANALLI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. JAMAKHANDI-587301, TQ: JAMAKHANDI, DIST: BAGALKOTE. …APPELLANTS (BY SRI. H.R.DESHPANDE, ADVOCATE) AND: 1. SMT. YAMUNA W/O. SHANKARAO JOSHI SINCE DIED BY HER LR’s. 1(A). SRI. SHANKAR S/O. NARAYAN JOSHI AGE: 70 YEARS, OCC: NIL, R/O. 3RD CROSS, MANJUNATH NAGAR, GOKUL ROAD, HUBBALLI, SAMREEN AYUB DESHNUR Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11341-DB RFA No. 100492 of 2023 DIST: DHARWAD. 1(B). SRI. NARASIMHA S/O. SHANKAR JOSHI, AGE: 42 YEARS, OCC: BUSINESS, R/O. 3RD CROSS, MANJUNATH NAGAR, GOKUL ROAD, HUBBALLI, DIST: DHARWAD. 1(C). SRI. RANJITHA W/O. RAGHAVENDRACHAR, AGE: 67 YEARS, OCC: HOMEMAKER, R/O. 600/B, 1ST FLOOR, 80 FEET ROAD, GIRINAGAR, 1ST PHASE, HOSAKERAHALLI, BENGALURU SOUTH-85. 2. SMT. BHAVANA W/O. BALBHIM JAHAGIRDAR AGE: 61 YEARS, OCC: HOME MAKER, R/O. B-004, KASHI KUNJ, KARVE ROAD, NEAR BHAGSHALA MAIDAN, DOMBIVALI (W) KALYAN, THANE, VISHNUNAGAR-421202, MAHARASHTRA. 3. SRI. BHIMSEN S/O. GUNDERAO DESHPANDE AGE: 69 YEARS, OCC: PENSIONER, R/O. “SAMRUDDHI”, H.NO.13, (TRINITY LAYOUT), SHAKTI NAGAR, BEHIND SHAKTI DEVI TEMPLE, GOKUL ROAD-580030, HUBLI, DIST: DHARWAD. 4. SRI. HANAMANTH S/O. GUNDERAO DESHPANDE, AGE: 67 YEARS, OCC: PENSIONER, R/O. JANAKI NILAYA, WARD NO.1, NEAR NELAGUDI, MUDHOL-587313, DIST: BAGALKOTE. 5. SRI. MADHAV @ MADHAVARAO S/O. GUNDERAO DESHPANDE, - 3 - HC-KAR NC: 2025:KHC-D:11341-DB RFA No. 100492 of 2023 AGE: 65 YEARS, OCC: AGRICULTURE, R/O. BHAGAWATH, OPP. TO HATIWALA HOSPITAL, NEAR MEENAKSHI CHOWK-586108, VIJAYAPUR, TQ AND DIST: VIJAYAPUR. …RESPONDENTS (BY SRI. SANJAY CHANAL, ADVOCATE FOR R1(A TO C) AND C/R2; NOTICE TO R3, R4 AND R5 ARE DISPENSED WITH) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 29.08.2023 PASSED IN O.S.NO.77/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS BILAGI, DECREEING THE SUIT FILED FOR DECLARATION, PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: 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 appellant Nos.1 to 3, respondent Nos.1(a) to 1(c) and respondent No.2 have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, placing on record the terms of compromise which has been agreed to between the parties. - 4 - HC-KAR NC: 2025:KHC-D:11341-DB RFA No. 100492 of 2023 2. The said compromise petition is reads as under: “COMPROMISE PETITION U/O 23 RULE 3 OF C.P.C Herein the Appellant No 1 TO 3 and Respondent No. IA to IC and respondent No. 2 pleads to submit this application for reporting compromise as under: - 1) The plaintiff No's 1 & 2/ respondent No. 1 and 2 have filed a suit in O.S.No. 77/2019 on the file of the Hon'ble Senior Civil Judge, Bilagi, Dist: Bagalkote seeking partition in schedule-B and schedule-C Properties. The hon'ble Trial Court after hearing the both parties and after considering the oral and documentary evidence partly decreed the suit by granting the 1/5th share each in suit item No. 4 to 9 of Schedule-B property and schedule-C property. • The Appellant No.1 has purchased R.S. No. 411/5 measuring Ac.1-22 guntas from respondent No. 3, 4 and 5/defendants 1, 2 and 3 through Registered sale deed dated 22/05/2014. - 5 - HC-KAR NC: 2025:KHC-D:11341-DB RFA No. 100492 of 2023 • The Appellant No.2 has purchased R.S. No. 421/5 measuring Ac.0.11 guntas from respondent No. 3, 4 and 5/defendants 1, 2 and 3 through Resgistered sale deed dated 09/12/2015. • The Appellant No.3 has purchased R.S. No. 411/6 measuring Ac.0.21 guntas from respondent No. 3, 4 and 5/defendants 1, 2 and 3 through Registered sale deed dated 28/01/2016. All properties situated at Bilagi Taluk. 2. It is submitted that now the appellants No. 1 to 3 and Respondents No. 1A to 1C to respondent No. 2 ready to settle and compromise in the above case. Since the appellants are in the possession of the property since 2014. 3. It is submitted that the appellants No.1 and 3 are ready to pay amount of Rs.48,00,000/- (fourty eight lakhs only) to the respondent No. 1A to 1C and Respondent No. 2 through cheques. The Respondent No. 1A to 1C and Respondent - 6 - HC-KAR NC: 2025:KHC-D:11341-DB RFA No. 100492 of 2023 No. 2 are ready to accept the same and ready to give up the share in favour of the appellants. The respondent No. 1A to 1C and Respondent No. 2 will not claim any share in future with respect to the above properties. 4. It is submitted that the Appellant No. 3 on behalf of Appellant No. 1, 2 and himself has issued the one cheque bearing No. 403193 issued in favour of Respondent No. 1A to 1C for rupees Five lakhs drawing on Canara Bank, Jamakhandi dated 02/05/2025 and the same is credited to the union bank account of Respondent No. 1A to 1C on 05/05/2025. 5. One cheque bearing No. 403192 issued in favour of Respondent No.2 for rupees Five lakhs drawing on Canara Bank, Jamakhandi dated 02/05/2025 and the same is credited to the Bank of India account of Respondent No.2 on 03/05/2025. 5. It is submitted that the remaining balance amount of Rs. 38, 00, 000-00(thirty-eight lakhs) is being paid by one Sri. Uday Singh Rajput, S/o. Krishna Singh Rajput, who is the purchaser of the above suit lands and he has paid remaining amount of Rs. 38, 00, - 7 - HC-KAR NC: 2025:KHC-D:11341-DB RFA No. 100492 of 2023 000-00 through cheques to the respondent No. 1A to 1C and Respondent No.2. To State precisely, the respondent No. 1A to 1C will get 19, 00, 000-00 and the Respondent No.2 will get 19,00,000-00. a) In order to pay the amount of Rs. 19, 00, 000-00 to respondent No. 1A to 1C, two cheques each of Rs. 9, 50, 000- 00 bearing No's. 007632 and 007633 dated 19/08/2025 drawn upon Union Bank were given to respondent No. 1A to 1C and the same is credited to the Union Bank Account of Respondent No. 1A to 1C on 19/08/2025. b) In order to pay the amount of Rs. 19, 00, 000-00 to respondent No. 2, two cheques each of Rs. 9, 50, 000-00 bearing No. 056201 and 056202 dated 19/08/2025 drawn upon Bank of India is given to the Respondent No. 2 and the same is credited to the - 8 - HC-KAR NC: 2025:KHC-D:11341-DB RFA No. 100492 of 2023 Bank of India Account of Respondent No. 2 on 19/08/2025. THEREFORE, it is most humbly prayed before this Hon'ble Court be pleased to pass a compromise decree as mentioned above in interest of justice and equity.” 3. The appellant Nos.1 to 3, respondent Nos.1(a) to 1(c) and respondent No.2 are present before this Court and have been identified by their respective counsel. The parties have agreed to the terms of compromise as set out in the compromise petition. 4. A sum of Rs.48,00,000/- (Rupees Forty-Eight Lakhs Only) has been paid by the appellant Nos.1 and 3 on behalf of all the appellants to respondent Nos.1(a) to 1(c) and the respondent No.2, as set out in the compromise petition, the receipt of which has been duly acknowledged and accepted by respondent Nos.1(a) to 1(c) and respondent No.2. Copies of the cheques by which the amounts were paid as detailed in the compromise petition - 9 - HC-KAR NC: 2025:KHC-D:11341-DB RFA No. 100492 of 2023 have been annexed with the compromise petition. The copies of bank statements which demonstrate receipt of amounts and copies of necessary documents demonstrating the identification of the parties have also been produced along with the compromise petition. The same is taken on record. 5. In view of the aforementioned, the appeal is disposed of in terms of compromise petition. 6. The impugned judgment and decree dated 29.08.2023 passed in OS No.77/2019 on the file of Senior Civil Judge and JMFC, Bilagi, is modified in terms of compromise. 7. Registry to draw modified decree accordingly. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE SMM / Ct:vh / List No.: 1 Sl No.: 2