- 1 - NC: 2025:KHC-D:4039-DB RFA No. 100185 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100185 OF 2024 (DEC/POS) BETWEEN: 1. SHASHIKUMAR S/O SHANKAR MUGALKHOD, AGED ABOUT 34 YEARS, OCC. AGRICULTURE, R/O: MUGALKHOD, AT/PO. GURLAPUR, TQ: MUDALAGI, DISTRICT: BELAGAVI PIN CODE: 591312. 2. MANJUNATH S/O SHANKAR MUGALKHOD, AGED ABOUT 32 YEARS, OCC.AGRICULTURE, R/O: MUGALKHOD, AT/PO. GURLAPUR, TQ: MUDALAGI, DISTRICT: BELAGAVI PIN CODE: 591312. …APPELLANTS (BY SRI. B. SHARANABASAWA, ADVOCATE) AND: 1. SMT. SHANTADEVI W/O BASAPPA DANDIN, AGE. 32 YEARS, OCC. AGRICULTURE, R/O: BETAGERI, MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA Date: 2025.03.22 11:41:29 +0530 - 2 - NC: 2025:KHC-D:4039-DB RFA No. 100185 of 2024 TALUKA: GOKAK, DISTRICT: BELAGAVI PIN CODE: 591233. 2. SMT. USHADEVI W/O ANIL CHOUGALA AGE. 28 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O: GHATAPRABHA, TALUKA: GOKAK, DISTRICT: BELAGAVI PIN CODE: 591306. 3. THE STATE OF KARNATAKA R/BY DEPUTY COMMISSIONER, BELAGAVI DISTRICT: BELAGAVI PIN CODE: 590001. 4. THE D.D.P.I., CHIKKODI TALUKA: CHIKKODI, DISTRICT: BELAGAVI PIN CODE: 591201. 5. THE BLOCK EDUCATIONAL OFFICER, MUDALAGI, TALUKA: MUDALAGI, DISTRICT: BELAGAVI PIN CODE: 591312. 6. THE HEAD MASTER, GOVT. HIGHER PRIMARY MODERN SCHOOL, GURLAPUR, TALUKA: MUDALAGI, DISTRICT: BELAGAVI PIN CODE: 591312. 7. SHRI. SHANKAR S/O BHIMAPPA MUGALKHOD AGE. 64 YEARS, OCC. AGRICULTURE AND GOVT TEACHER R/O: GURLAPUR, TALUKA: MUDALAGI, DISTRICT: BELAGAVI PIN CODE: 591312. 8. SMT DRAKSHAYANI W/O SHANKAR MUGALKHOD, AGE. 60 YEARS, OCC. AGRICULTURE, R/O: GURLAPUR, TALUKA: MUDALAGI, DISTRICT: BELAGAVI - 3 - NC: 2025:KHC-D:4039-DB RFA No. 100185 of 2024 PIN CODE: 591312. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R3 AND R6; NOTICE TO R1, R7, R8 SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC. 1908, AGAINST THE JUDGMENT AND DECREE DATED 16.02.2023 PASSED IN O.S.NO.157/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, GOKAK, PARTLY DECREEING THE SUIT FILED FOR DECLARATION, PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellants have filed IA.No.1/2025 under Section 151 of CPC praying to dismiss the appeal as withdrawn. 2. In support of the application, the appellant No.1 has filed an affidavit stating that the appellants being aggrieved by the impugned judgment and preliminary decree dated 16.02.2023, passed by the Prl.Senior Civil Judge, Gokak, in O.S.No.157/2021, have filed the present appeal. The said suit was decreed and it was declared that the plaintiffs are entitled to 2/3rd share each in the suit - 4 - NC: 2025:KHC-D:4039-DB RFA No. 100185 of 2024 schedule properties and suit in respect of portion of `D' schedule property was dismissed. 3. It is stated that, against the judgment passed in O.S.No.157/2021, the plaintiffs have filed Final Decree Proceedings in FDP.No.23/2023. During the pendency of the FDP, the parties have amicably settled the matter by filing compromise petition in the Final Decree Proceedings. The FDP Court accepted the compromise petition and disposed of the Final Decree Proceedings vide order dated 21.09.2024. It is stated that, as the matter was settled between the appellants and respondents and a copy of the compromise petition and compromise decree passed in FDP No.23/2023 is produced along with the application, the appellants may be permitted to withdraw the present appeal. 4. In view of the settlement between the parties and accepting the reasons stated in the affidavit accompanying the application, IA.No.1/2025 is allowed. The Appeal is dismissed as withdrawn. - 5 - NC: 2025:KHC-D:4039-DB RFA No. 100185 of 2024 In view of dismissal of the appeal, pending IAs., does not survive for consideration. Accordingly, they are disposed of. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE BK LIST NO.: 1 SL NO.: 18