- 1 - NC: 2025:KHC-D:6331 RSA No. 100303 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100303 OF 2015 (SP-) BETWEEN: VIJAY HANUMANTRAO PATIL, AGE: 52 YEARS, OCC: AGRICULTURE & BUSINESS, R/O: KANGRALI B.K., TQ & DIST: BELAGAVI-590010. …APPELLANT (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. KALLAPPA GANGARAM YALLURKAR, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: WAGHAWADE, TQ & DIST: BELAGAVI-590005. 2. BABU GANGARAM YALLURKAR, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: WAGHAWADE, TQ & DIST: BELAGAVI-590005. …RESPONDENTS (BY SRI. B.S. KAMATE, ADVOCATE FOR R1 & R2) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO MODIFY THE JUDGMENT & DECREE PASSED IN R.A.NO.110/2012 PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI AT BELAGAVI DATED 05.02.2015 CONFIRMING THE JUDGMENT AND DECREE PASSED BY COURT OF II ADDITIONAL CIVIL JUDGE BELAGAVI IN O.S.NO.246/2007 DATED 03.07.2012 AND DECREE Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6331 RSA No. 100303 of 2015 THE SUIT AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT This appeal is preferred by the plaintiff assailing the judgment and decree dated 05.02.2015 in R.A.No.110/2012 on the file of the II Additional Senior Civil Judge and CJM Belagavi dismissing the appeal and confirming the judgment and decree dated 03.07.2012 in O.S.No.246/2007 on the file of the II Additional Civil Judge, Belagavi decreeing the suit in part. 2. It is submitted by the learned counsel appearing for the parties that the matter is settled between the parties. In this regard, the parties are present before the Court and submitted that they have settled the matter in terms of compromise petition filed under Order XXIII Rule 3 read with Section 151 of CPC. It is submitted by the parties that they have agreed to the terms and conditions of the compromise petition without any force or undue influence. In that view of the matter, the judgment and decree passed by both the courts - 3 - NC: 2025:KHC-D:6331 RSA No. 100303 of 2015 below is hereby modified in terms of the compromise arrived at between the parties. Accordingly, the appeal is disposed of. 3. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN CT-MCK List No.: 1 Sl No.: 33