- 1 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.1675 OF 2007 (DEC) BETWEEN: MAHADEVAPPA KOTRAPPA NYAMATI, AGE: 40 YEARS, OCC: BUSINESS, R/AT: SALAGERI ONI, RANEBENNUR – 581 115, DIST: HAVERI. …APPELLANT (BY SRI. RAVI S. BALIKAI, ADVOCATE) AND: 1. SMT. MANJULA D/O. ESHAPPA KOPPAD, AGE: 24 YEARS, OCC: AGRIL & HOUSEHOLD, R/AT: KURUBAGERI, RANEBENNUR - 581 115, DIST: HAVERI. 2. RAJAPPA S/O. ESHAPPA KOPPAD, AGE: 21 YEARS, OCC: STUDENT, R/AT: KURUBAGERI, RANEBENNUR - 581 115, DIST: HAVERI. 3. KUM. RATNAMMA ESHAPPA KOPPAD, AGE: 19 YEARS, OCC: AGRIL AND HOUSEHOLD, R/AT: KURUBAGERI, RANEBENNUR - 581 115, DIST: HAVERI. 4. NAGARAJ S/O. ESHAPPA KOPPAD, AGE: MINOR, OCC: STUDENT, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 REPTD BY MINOR GUARDIAN RESPT NO.1 SMT. MANJULA D/O. ESHAPPA KOPPAD, R/AT: KURUBAGERI, RANEBENNUR 581 115, DIST: HAVERI. 5. RAGHUNATH FAKKIRAPPA BYADAGI, AGE: 52 YEARS, OCC: BUSINESS, R/O: SALIGERI ONI, RANEBENNUR 581 115, DIST: HAVERI. 6. ISHAPPA KURAVATTEPPA KOPPAD, AGE: 59 YEARS, OCC: BUSINESS AND AGRIL, R/AT: KURABAGERI, RANEBENNUR 581 115, DIST: HAVERI. 7. SRI. SIDDANAGOUDA S/O. BHARAMAGOUDA SANNAGOUDARA, AGE: 55 YEARS, OCC: BUSINESS, R/O: MEDUR, TAL: HIREKERUR, DIST: HAVERI. …RESPONDENTS (BY SRI. MAHESH WODEYAR AND SRI. NAVEEN CHATRAD, ADVOCATE FOR R1 TO R4; SRI S.G.KADADAKATTI, ADVOCATE FOR R7(PROP); SRI. MANJUNATH S. BARADUR, ADVOCATE FOR R6; NOTICE TO R5 IS SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, 1908 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.02.2007, PASSED IN R.A.NO.13/2004, ON THE FILE OF THE CIVIL JUDGE (SR.DN.), RANEBENNUR AND THE JUDGMENT AND DECREE DATED 20.12.2003, PASSED IN O.S.NO.392/2001, ON THE FILE OF THE PRL. CIVIL JUGDE (JR.DN.) RANEBENNUR, AND DISMISS THE SUIT OF THE PLAINTIFFS AND ALLOW THIS APPEAL WITH COSTS AND ETC., THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This appeal is filed by the defendant No.1 being aggrieved by the judgment and decree dated 20.12.2003 passed in O.S.No.392/2001 on the file of Principal Civil Judge (Jr.Dn.), Ranebennur (Trial Court) by which the execution of deeds of sale by defendant No.3 in favour of defendant No.2 and thereafter by defendant No.2 in favour of defendant No.1 has been held to be null and void and not binding on the plaintiffs, which is confirmed by the judgment and decree dated 23.02.2007 passed in R.A.No.13/2004 on the file of Civil Judge (Sr.Dn.) and Principal JMFC, Ranebennur (First Appellate Court). As against which, the present appeal is filed by defendant No.1. 2. It appears during the pendency of the regular appeal, defendant No.3 yet again sold the subject property in favour of one Sri.Siddanagouda who is now arrayed as respondent No.7 in the present appeal. - 4 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 3. Today, a compromise petition is filed under Order 23 Rule 3 of CPC reporting settlement of the dispute, terms of which read as under: “HEREIN, the Appellant and the Respondents No. 1 to 4, 6 and 7 beg to file this Compromise Petition in the above case. (1) The Respondents No. 1 to 4 / Plaintiffs have filed a suit in O.S. No.392/2001 before the Prl. Civil Judge (Jr.Dn.), Ranebennur for Declaration and for cancellation of Sale Deed dated 11.07.1991 (Ex.P-4) and Sale Deed 10.11.1993, (Ex.P-5) executed by the Defendant No.3, in favour of Defendant No.2 and Defendant No.2 in favour of the Defendant No.1 respectively, and the learned Prl. Civil Judge (Jr.Dn.),. Ranebennur by his Judgment and Decree dated 20.12.2003 has decreed the suit thereby declaring that the said Sale Deeds are null and void and not binding on the Plaintiffs. The Appellant/Defendant No.1 has filed an Appeal in R.A. No. 13/2004 as against the decreeing of the suit and the learned Civil Judge (Sr.Dn.), Ranebennur, by his Judgment and Decree dated 23.02.2007, has dismissed the Appeal filed by the Appellant and has confirmed the Judgment and Decree passed in O.S. No. 392/2001 passed by the Trial Court. It is as against the Judgment and Decrees passed by the Trial Court and the Ist Appellate Court in O.S. No. 392/2001 and R.A. No. 13/2004, the Appellant / Defendant No.1 has filed the above said Appeal before this Hon'ble Court. (2) It is submitted that during the pendency of the above Appeal, the Respondent No.4/Plaintiff No.4 has become major and he has appeared and he is represented by his Advocate. It is stated that during the pendency of the above case, the Defendant No.3 /Respondent No.6, Eshappa. Kuruvatteppa. Koppad, has again sold the suit property Plot No.1 in Sy. No. 26/B with boundaries as shown in the suit Schedule to one Siddanagouda. - 5 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 Bharamagouda. Sannagoudra, by Registered Sale Deed dated 28.06.2006. After coming to know of the said Sale Deed, the Appellant has filed an I.A. for impleading the purchaser, Siddanagouda. B. Sannagoudra and the said I.A. has been allowed and the said Purchaser has been impleaded in the above Appeal as the Respondent No.7. (3) It is submitted that the Appellant and the Respondents No. 1 to 4 and 6 and 7 have amicably settled their long standing dispute with the intervention of elders and well wishers of their families and they are submitting herewith the Compromise Petition duly signed by them as well as their respective Advocates. The terms of the compromise entered into by the Appellant and the Respondents No. 1 to 4 and 6 and 7 are as under: (A) The Appellant and the Respondents No. 1 to 4 and 6 and 7 do hereby agree and admit that the suit property the Plot No. 1 in Sy. No. 26/B measuring 1 Guntha -11.3/4 Annas (1885 Sq. Feet) bounded as shown in the suit schedule situated in Ranebennur, Dist Haveri belonged to the joint family of the Plaintiffs and the Defendant No.3 Eshappa, and the Defendant No.3 has sold the suit property by Registered Sale Deed dated 11.07.1991 (Ex.P-4) in favour of the Defendant No.2 Raghunath, F. Byadagi and subsequently the Defendant No.2 has sold the suit property by Registered Sale Deed dated 10.11.1993 (Ex.P-5) in favour of the Defendant No.1. The Defendant No.3 has sold the land on behalf of the joint family consisting of himself and his children i.e. Plaintiffs and the Defendant No.3 for the legal necessity and for the benefit of their joint family. (B) Further, the Appellant and the Respondent No. 1 to 4 and 6 herein state later on during pendency of the proceedings the Defendant No.3, Eshappa has again sold the suit property by Registered Sale Deed dated 28.06.2006, in favour of the Respondent No.7, Siddanagouda. B. Sannagoudra. - 6 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 The Respondents No. 1 to 4/Plaintiffs do hereby agree and admit that the said Sale is on behalf of the joint family of the Plaintiffs and the Defendant No. 3 and it is for the family benefit and legal necessities. (C) The Respondents No. 1 to 4/ Plaintiffs do hereby agree and admit that the Respondent No. 6/Defendant No.3, who is their father has sold away the suit property as 'Karta' of their joint family consisting of the Plaintiffs and their mother and the Defendant No.3 for the legal necessities' of the joint family. The Plaintiffs No. 1 to 4 do hereby agree and admit that they are bound by the alienation made by their father Defendant No.3. The Plaintiffs do hereby agree and they have given up all their contentions raised in the suit O.S. No. 392/2001 filed by them and they would agree and admit that alienation made by the Defendant No.3, Eshappa is on behalf of the joint family and for the family necessity and the same are binding upon them. (D) The Appellant / Defendant No.1, do hereby agree and admit that in order to end the litigation once for all he has hereby agreed to give up his claim and title over the suit property which he has acquired by the Registered Sale Deed dated 10.11.1993, (Ex.P-5) executed by the Defendant No.2 in his favour for valuable consideration. The Appellant / Defendant No.1 has hereby agreed to give up his claim of title and ownership of the suit property in lieu of accepting the sum of Rs.11,00,000=00 (Rupees Eleven Lakhs only) from the subsequent purchases, i.e. the Respondent No.7, Siddanagouda. S/O. Bharamagouda. Sannagoudra. The said amount of Rs. 11,00,000/- (Rupees Eleven Lakhs only) is paid by the Respondent No.7, to the Appellant by the Ale D.D. drawn on the ICICI BANK, Ranebennur, Branch bearing No. 500884, dated 25.06.2025 drawn in - 7 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 favour of the Appellant. The Appellant do hereby acknowledges the receipt of the above said D.D. drawn in his name. A copy of the said D.D. is enclosed herewith. In lieu of the receipt of this amount from the Respondent No.7, the Appellant do hereby agree that the Respondent No.7 has become the absolute owner of the suit property as per the Sale Deed dated 28.06.2006 executed in his favour by the Defendant No.3/ Respondent No.6, Eshappa. Koppad. The Appellant has hereby given up all his claim of right, title and interest over the suit property and he would not have any subsisting interest and any other claim on the suit property and he would hereby agree that the Respondent No.7, has become the absolute owner of the suit property and he is in possession and enjoyment of the suit property. (E) The Appellant / Defendant No.1 and the Respondents No. 1 to 4 and 6 and 7 do hereby further state that the Wife and Children of Appellant / Defendant No.1, Mahadevappa. Kotrappa. Nyamati have also do hereby accept and agree for the Defendant No. 1, giving up of his claim of title and ownership of the suit property in lieu of accepting the sum of Rs.11,00,000-00 (Rupees Eleven Lakhs only) from the subsequent purchaser, i.e. the Respondent No.7 and in proof of their acceptance of giving up his claim of right, title and interest over the suit property by the Defendant No. 1, they have executed a 'consent statement' duly signed by them and the same is produced along with this Compromise Petition. (F) The Appellant and the Respondents No. 1 to 4 and 6 and 7 do hereby state that the Defendant No.2 /Respondent No.2, Raghunath. Fakirappa. Byadagi, has already sold away the suit property to the Defendant No. 1/ Appellant herein by Registered Sale Deed dated 10.11.1993 as per Ex. P-5. He has no subsisting interest over the suit - 8 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 property and no claim is made as against him in this Compromise Petition. Hence, the Respondent No.5/Defendant No.2 is not made party to this Compromise Petition. (G) The Appellant and the Respondents No. 1 to 4 and 6 and 7 do hereby agree and admit that in view of this Compromise entered into and the giving up of his claim over the suit property by the Appellant and also giving up of all the suit claim made by the Plaintiffs, the Respondent No.7 would be the absolute owner and in possession of the Suit property and henceforth the Respondent No.7 and his successors would enjoy the suit property as the lawful owners. (H) The Appellant and Respondents No. 1 to 4 and 6 and 7 would have no further claim against each other. Both the parties hereby agree to maintain harmonious relations without and causing disturbance and harassment to each others. The parties hereby agree that this Decree is binding upon them, their Legal Heirs, successors and assignees of interest. (J) It is hereby agreed by the Appellant and the Respondents No. 1 to 4 and 6 and 7 that they would abide by the above said terms of the Compromise Petition and they would co-operate and lend their signatures to the Respondent No.7 if necessary to get his name entered in the property extracts of the suit property. (K) That the Appellant and the Respondents No. 1 to 4 and 6 and 7 have entered in to this Compromise with full knowledge voluntarily and out of their free will after understanding the terms of compromise. It is therefore prayed by the Appellant and the Respondent No.1 to 4 and 6 and 7 that this Hon’ble Court be pleased to dispose of the Appeal as per the Terms of - 9 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 Compromise and Decree may kindly be passed as per the above terms, in the interest of justice and equity.” 4. Appellant/defendant No.1 along with his wife and children is personally present. Plaintiffs who are arrayed as respondent No.1 to 4 are also personally present. Respondent No.5 - Raghunath is not present as he has no interest in the subject matter of the matter. Defendant No.3 – Ishappa who is arrayed as respondent No.6 is stated to be represented by his wife and GPA holder – Smt.Gouramma is also present. Respondent No.7 is also present. 5. A Demand Draft for a sum of Rs.11,00,000/- dated 25.06.2025 drawn on ICICI Bank, Ranebennur Branch bearing No.500884 is handed over by respondent No.7 to the appellant in person as mentioned at para No.(D) of the compromise petition. Same is received and accepted by the appellant. 6. On interaction with the parties, they have expressed their understanding and satisfaction to the - 10 - HC-KAR NC: 2025:KHC-D:8088 RSA No. 1675 of 2007 terms of the compromise. The terms of the compromise do not appear to be contrary to any other provisions of law. As such, the same is taken record. 7. Appeal is disposed of in terms of the compromise petition. 8. Draw decree accordingly. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 20