- 1 - HC-KAR NC: 2025:KHC-D:13425 RSA No. 5234 of 2011 C/W RSA No. 101085 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 5234 OF 2011 (SP) C/W REGULAR SECOND APPEAL NO. 101085 OF 2022 IN RSA NO 5234/2011 BETWEEN: 1. HANUMANTHAPPA S/O NAGAPPA MANALLI SINCE DECEASED BY HIS LR’S 1A) SMT. LAKSHMAMMA W/O. LATE HANUMANTHAPPA MANALLI, AGED ABOUT 39 YEARS, OCC: AGRICULTURE, 1B) KUM. SHANKRAMMA D/O. LATE HANUMANTHAPPA MANALLI, AGED ABOUT 19 YEARS, OCC: AGRICULTURE, 1C) KUM. SRIDEVI D/O. LATE HANUMANTHAPPA MANALLI, AGED ABOUT 17 YEARS, OCC: AGRICULTURE, MINOR REPRESENTED BY APPELLANT NO.1(A) NATURAL GUARDIAN MOTHER. 1D) KUM. PARVATHI D/O. LATE HANUMANTHAPPA MANALLI, AGED ABOUT 15 YEARS, OCC: STUDENT, MINOR REPRESENTED BY APPELLANT NO.1(A) NATURAL GUARDIAN MOTHER. 1E) KUM. SHANTA D/O. LATE HANUMANTHAPPA MANALLI AGED ABOUT 13 YEARS, OCC: STUDENT, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.26 14:38:16 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13425 RSA No. 5234 of 2011 C/W RSA No. 101085 of 2022 MINOR REPRESENTED BY APPELLANT NO.1(A) NATURAL GUARDIAN MOTHER. 1D) KUM. KAVERI D/O. LATE HANUMANTHAPPA MANALLI AGED ABOUT 11 YEARS, OCC: STUDENT, MINOR REPRESENTED BY APPELLANT NO.1(A) NATURAL GUARDIAN MOTHER. ALL ARE RESIDENTS OF BEHIND RAICHUR SHIVAYYA SHETTY RICE MILL AND NEAR SHANKRAPPA POULTRY FARM, GANGAVATHI POST AND TALUK, KOPPAL DISTRICT. …APPELLANTS (BY SRI. SATHISH M.S., ADVOCATE) AND: 1. SRI. BOPPANNA MALLIKARJUNA RAO S/O. NAGABHUSHANA RAO, AGED ABOUT 49 YEARS OCC. AGRICULTURIST, R/O. HOSAKERA ‘A’ CAMP GANGAVATHI TALUK, KOPPAL DISTRICT. 2. SRI. BOPPANA VENKATESHWARA RAO S/O. NAGABHUSHANA RAO, AGED ABOUT 56 YEARS, OCC: AGRICULTURIST, R/O. JANGAMALA KALGUDI, GANGAVATHI, PRESENTLY R/O. VIDYA NAGAR, SONALIKA TRACTOR SHOW ROOM, G. VENKATA RATNAMMA SCHOOL, GANGAVATHI TALUK, KOPPAL DISTRICT. …RESPONDENTS (BY SMT. SURABHI KULKARNI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO CALL FOR ENTIRE RECORDS IN O.S.NO.41/2004 ON THE FILE OF SENIOR CIVIL JUDGE, GANGAVATHI AND IN R.A.NO.6/2010 ON THE FILE OF THE FAST TRACK COURT NO.1 - 3 - HC-KAR NC: 2025:KHC-D:13425 RSA No. 5234 of 2011 C/W RSA No. 101085 of 2022 AT KOPPAL, TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A. NO.6/2010 ON THE FILE OF THE FAST TRACK COURT NO.1 AT KOPPAL DATED 01/12/2010 BY ALLOWING THIS APPEAL WHILE DISMISSING THE SUIT FILED BY THE RESPONDENT. AND TO SET ASIDE THE JUDGMENT AND DECREE IN O.S.NO.41/2004 ON THE FILE OF SENIOR CIVIL JUDGE, GANGAVATHI DATED 19.12.2009 AND ETC.,. IN RSA NO 101085/2022 BETWEEN: HANUMANTHAPPA S/O. NAGAPPA MANALLI SINCE DECEASED BY HIS LR’S 1. SMT. LACHAMAMMA W/O. LATE HANUMANTHAPPA MANALLI AGED ABOUT 51 YEARS, OCC. HOUSEHOLD, R/O. RAICHUR SHIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. 2. SMT. SHANKRAMMA D/O. LATE HANUMANTHAPPA MANALLI SINCE DECEASED REPRESENTED BY HER LRS APPELLANT NO.1, 3 TO 5. 3. SRIDEVI D/O. LATE HANUMANTHAPPA MANALLI AGED ABOUT 33 YEARS, OCC. HOUSEHOLD, R/O. RAICHUR SHSIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. 4. PARVATHI D/O. LATE HANUMANTHAPPA MANALLI AGED ABOUT 30 YEARS, OCC. HOUSEHOLD, R/O. RAICHUR SHSIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. 5. SHANTA D/O. LATE HANUMANTHAPPA MANALLI AGED ABOUT 28 YEARS, OCC. HOUSEHOLD, - 4 - HC-KAR NC: 2025:KHC-D:13425 RSA No. 5234 of 2011 C/W RSA No. 101085 of 2022 R/O. RAICHUR SHSIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. 6. KAVERI D/O. LATE HANUMANTHAPPA MANALLI AGED ABOUT 25 YEARS, OCC. HOUSEHOLD, R/O. RAICHUR SHSIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. 7. MANJAPPA S/O. NAGAPPA MANALLI AGED ABOUT 35 YEARS, OCC. AGRICULTURIST, R/O. RAICHUR SHSIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. 8. PRANESH S/O. CHIDANANDAPPA AGED ABOUT 31 YEARS, OCC. STUDENT, R/O. CHIKKADANKANAKAL VILLAGE, GANGAVATHI TALUK, KOPPAL DISTRICT-583227. 9. KUMARI HANUMANTI D/O. CHIDANANDAPPA AGED ABOUT 25 YEARS, OCC. AGRICULTURIST, R/O. CHIKKADANKANAKAL VILLAGE, GANGAVATHI TALUK, KOPPAL DISTRICT. 10. KERAPPA S/O. CHIDANANDAPPA AGED ABOUT 20 YEARS, OCC. AGRICULTIRIST, R/O. CHIKKADANKANAKAL VILLAGE, GANGAVATHI TALUK, KOPPAL DISTRICT-583227. …APPELLANTS (BY SRI. SATHISH M.S., ADVOCATE) AND: 1. SRI. BOPPANNA MALLIKARJUNA S/O. NAGABHUSHANA RAO, AGED ABOUT 53 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. HOSAKERA CAMP, GANGAVATHI TALUK, KOPPAL DISTRICT-583227. 2. SMT. HULIGEMMA W/O. YANKAPPA AGE. 59 YEARS, OCC. AGRICULTURIST, - 5 - HC-KAR NC: 2025:KHC-D:13425 RSA No. 5234 of 2011 C/W RSA No. 101085 of 2022 R/O.10TH WARD, BEHIND RAICHUR SHIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. 3. RAGHAVENDRA S/O. LATE KANAKAPPA AGE. 26 YEARS, OCC. AGRICULTURE, R/O. 10TH WARD, BEHIND RAICHUR SHIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. 4. KUMARI GANGAMMA D/O. LATE KANAKAPPA AGE. 26 YEARS, OCC. STUDENT, R/O. 10TH WARD, BEHIND RAICHUR SHIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. 5. YOGA RAJ S/O. LATE KANAKAPPA AGE. 20 YEARS, OCC. STUDENT, R/O. 10TH WARD, BEHIND RAICHUR SHIVAYYA SHETTY RICE MILL, NEAR POULTRY FARM, GANGAVATHI-583227. …RESPONDENTS (BY SMT. SURABHI KULKARNI, ADVOCATE FOR R1; SRI. L.M. KURAHATTI, ADVOCATE FOR R2 TO R5) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO CALL FOR ENTIRE RECORDS IN O.S.NO.28/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, GANGAVATHI AND IN R.A.NO.22/2014 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL, SITTING AT GANGAVATHI, TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A. NO.22/2014 ON THE FILE OF THE I ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL SITTING AT GANGAVATHI DATED 23.04.2021 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC-D:13425 RSA No. 5234 of 2011 C/W RSA No. 101085 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Parties and their advocates are present. 2. In both cases, Memorandum of Agreement is filed under Section 89 of the Civil Procedure Code read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. The matter is settled before the Mediation Centre. The hand sketch is also produced. 3. The contents of the Memorandum of Agreement have been read over and explained to the parties in the vernacular language. Both parties have agreed to the terms and conditions of the Memorandum of Agreement. Same is lawful and voluntary. Memorandum of Agreement is placed on record. Hence, I proceed to pass the following: O R D E R i) The Memorandum of Agreement filed under Section 89 of the Civil Procedure Code read with Rules 24 and 25 of the Karnataka Civil - 7 - HC-KAR NC: 2025:KHC-D:13425 RSA No. 5234 of 2011 C/W RSA No. 101085 of 2022 Procedure (Mediation) Rules, 2007 is allowed and compromise recorded; ii) In view of the Memorandum of Agreement filed by both the parties, both appeals are disposed of; iii) Registry to draw decree accordingly. The Memorandum of Agreement shall part of the decree; iv) Registry is directed to refund the Court fee to the appellants, in accordance with law. Sd/- (G BASAVARAJA) JUDGE AC Ct-cmu List No.: 3 Sl No.: 1