- 1 - NC: 2025:KHC-D:6506-DB RFA No. 100157 of 2020 C/W WP No. 107983 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 100157 OF 2020 (SP) C/W WRIT PETITION NO. 107983 OF 2018 IN RFA NO.100157 OF 2020: BETWEEN: IRAPPA S/O. RAMACHANDRAPPA KOPPAD AGE: 71 YEARS, OCC: AGRICULTURE, R/O: KULGOD-591310, TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI. SANGRAM S.KULKARNI, ADVOCATE) AND: 1. SEETAVVA W/O. KRISHNAPPA BADNUR @ HUNASHIKATTI, AGE: 66 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O: JALIBERI-587313, TQ: MUDHOL, DIST: BAGALKOTE. KRISHNAPPA S/O. HANAMANTAPPA HUNASHIKATTI, SINCE DECEASED BY HIS LR’s., ALREADY ON RECORD AS RESPONDENTS NO.1 TO 3. 2. PANDAPPA S/O. KRISHNAPPA HUNASHIKATTI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: JALIBERI-587313, TQ: MUDHOL, DIST: BAGALKOTE. 3. LAXMI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.25 10:38:01 +0530 - 2 - NC: 2025:KHC-D:6506-DB RFA No. 100157 of 2020 C/W WP No. 107983 of 2018 W/O. SANJEEV BADAGANNAVAR, AGE: 36 YEARS, OCC: HOUSEHOLD, R/O: JALIBERI-587313, TQ: MUDHOL, DIST: BAGALKOTE. 4. TIMMANNA S/O. APPASAB TIMMAPUR, AGE: 78 YEARS, OCC: AGRICULTURE, R/O: NAVALAGI-587311, TQ: JAMAKHANDI, DIST: BAGALKOTE. 5. BALAVVA W/O. TIMMANNA TIMMAPUR, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O: NAVALAGI-587311, TQ: JAMAKHANDI, DIST: BAGALKOTE. 6. HANAMAPPA S/O. TIMMANNA TIMMAPUR, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O: NAVALAGI-587311, TQ: JAMAKHANDI, DIST: BAGALKOTE. 7. IRAWWA W/O. PANDAPPA PADAGANNE, AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O: NAVALAGI-587311, TQ: JAMAKHANDI, DIST: BAGALKOTE. 8. IRAPPA S/O. TIMMANNA TIMMAPUR, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: NAVALAGI-587311, TQ: JAMAKHANDI, DIST: BAGALKOTE. 9. SHYASAPPA @ SHESHAPPA S/O. APPASAB TIMMAPUR, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: NAVALAGI-587311, TQ: JAMAKHANDI, DIST: BAGALKOTE. …RESPONDENTS (BY SRI. SHRIHARSH A.NEELOPANT, ADVOCATE FOR R1 TO R3; SRI. K.L.PATIL AND SRI. B.B.KERUR, ADVOCATES FOR R6; SRI. B.V.KERUR, ADVOCATE FOR C/R9; NOTICE TO R4, R5, R7 AND R8 ARE SERVED) - 3 - NC: 2025:KHC-D:6506-DB RFA No. 100157 of 2020 C/W WP No. 107983 of 2018 THIS RFA IS FILED UNDER SECTION 96 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 03.01.2020 PASSED IN O.S.NO.412/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, GOKAK, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO.107983 OF 2018: BETWEEN: SMT. IN WP NO.107983 OF 2018: BETWEEN: SMT. SHEETAVVA W/O. KUSHNAPPA BADNUR @ HUNASHIKATTI AGE: 72 YEARS, OCC: HOUSEHOLD WORK, R/O: JALIBERI VILLAGE, TQ: MUDHOL, DIST: BAGALKOTE. …PETITIONER (BY SRI. SHRIHARSH A.NEELOPANT, ADVOCATE) AND: 1. IRAPPA S/O. TIMMAPPA TIMAPUR @ PATIL, AGE: 41 YEARS, OCC: AGRICLTURE, R/O: NAVALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOTE. 2. TIMMAPPA S/O. APPASAHEB TIMMAPUR @ PATIL, AGE: 77 YEARS, OCC: AGRICLTURE, R/O: NAVALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOTE. 3. SMT. BALAVVA W/O. TIMMAPPA TIMMAPUR @ PATIL, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O: NAVALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOTE. 4. HANAMAPPA S/O. TIMMAPPA TIMMAPUR @ PATIL, AGE: 47 YEARS, OCC: AGRICLTURE, R/O: NAVALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOTE. - 4 - NC: 2025:KHC-D:6506-DB RFA No. 100157 of 2020 C/W WP No. 107983 of 2018 5. SMT. IRAVVA W/O. PANDAPPA PADAGANUR, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O: NAVALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOTE. 6. SHYASAPPA @ SHESHAPPA S/O. APPASAHEB @ APPANNA TIMMIAPUR @ PATIL, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: NAVALAGI VILLAGE, TQ: JAMAKHANDI, DIST: BAGALKOTE. …RESPONDENTS (BY SRI. B.V.KERUR, ADVOCATE FOR R4 AND R6; NOTICE TO R1 TO R3 AND R5 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 10.12.2016 PASSED BY THE JUDICIAL CONCILIATOR AND SENIOR CIVIL JUDGE MUDHOL IN LOK ADALAT IN OS NO. 35/2016 THEREBY RECORDING THE COMPROMISE PETITION IN SO FAR AS GRANTING SHARE TO THE PRESENT PETITIONER TOWARDS NORTHERN SIDE IN R. S. NO. 114/2B SITUATED AT KULAGOD VILLAGE, TQ: GOKAK, DIST: BELAGAVI INSTEAD TOWARDS SOUTHERN SIDE IN THE SAID SURVEY NUMBER AS CLAIMED BY THE PETITIONER AS PER ANNEXURE-A AND ALSO SET ASIDE CONSEQUENTIAL DECREE DATED 18.03.2017 DRAWN BY THE JUDICIAL CONCILIATOR AND SENIOR CIVIL JUDGE MUDHOL IN LOK ADALAT IN OS NO.35/2016 IN SO FAR AS TOWARDS NORTHERN SIDE IN R.S.NO.114/2B AT KULAGOD VILLAGE AS PER ANNEXURE-D AND ETC. THIS APPEAL AND WRIT PETITION COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA - 5 - NC: 2025:KHC-D:6506-DB RFA No. 100157 of 2020 C/W WP No. 107983 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) Today a joint compromise petition is filed. In terms of settlement, the respondents have agreed to give southern portion to petitioner / defendant No.5 in R.S. Nos.114/2B and 115/2B. The portion allotted to petitioner is indicated in green colour. The petitioner, who is personally present before this Court, has been duly queried by us. Upon such interaction, the petitioner has acknowledged that she has voluntarily entered into a compromise. We have thoroughly assessed her demeanor and responses, and are fully satisfied that the said compromise has been entered into by her out of her own free will, without any coercion, undue influence, or pressure being exerted by the respondents. Furthermore, as part of the terms of compromise, the petitioner who is arrayed as defendant No.5 in the original suit has affirmed that she has executed an agreement to sell in favour of the appellant in the - 6 - NC: 2025:KHC-D:6506-DB RFA No. 100157 of 2020 C/W WP No. 107983 of 2018 connected Regular First Appeal bearing No.100157/2020. In particular, reference is made to paragraph No.5 of the compromise petition, wherein the petitioner has expressly undertaken to execute a formal, registered sale deed in favour of the said appellant. The specific property to be conveyed has been clearly identified and delineated in the sketch appended to the compromise petition. Based on the said unequivocal undertaking provided in paragraph No.5, the appellant in R.F.A. No.100157/2020 has expressed a clear intention to withdraw the appeal. Upon careful examination of the terms and circumstances, we are of the considered view that the compromise entered into by the parties is lawful and enforceable. The compromise, though partial in nature, pertains specifically to Survey Nos.114/2B and 115/2B and is found to be reasonable and just. It effectively safeguards the interests of the other co-sharers who have - 7 - NC: 2025:KHC-D:6506-DB RFA No. 100157 of 2020 C/W WP No. 107983 of 2018 already been placed in possession of their respective shares, as per the earlier compromise decree. Additionally, this partial modification also upholds and protects the rights of the present petitioner and the agreement holder in the connected appeal. We find no infirmity in the compromise. Therefore, the compromise petition is formally accepted and taken on record. Consequently, the Writ Petition bearing No.107983/2018 stands disposed of in terms of the compromise petition. As a corollary, the compromise decree earlier passed in Original Suit No.35/2016 shall stand partially modified, but only to the extent of Survey Nos.114/2B and 115/2B, as per the revised terms outlined in the compromise petition. The Registry is hereby directed to draw up the modified decree in accordance with the terms of the compromise now recorded. - 8 - NC: 2025:KHC-D:6506-DB RFA No. 100157 of 2020 C/W WP No. 107983 of 2018 In light of the amicable resolution of all disputes in the above mentioned Writ Petition No.107983/2018, the connected Regular First Appeal bearing No.100157/2020 stands dismissed as withdrawn. The memo filed by the appellant, expressing the intent to withdraw the said appeal, is hereby accepted and taken on record. Considering the amicable settlement arrived at between the parties, the Registry is directed to process and refund the court fee paid by the appellant in R.F.A. No.100157/2020, strictly in accordance with the prevailing legal provisions governing such refund. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE RSH / Ct:VH List No.: 1 Sl No.: 19