- 1 - NC: 2025:KHC-D:6889 RSA No. 100204 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100204 OF 2025 (INJ-) BETWEEN: SRI. BASAVARAJ S/O. SHIVADEVAPPA WARTI, AGE: 23 YEARS, OCC: AGRICULTURE, R/O. ALADAKATTI, TQ: AND DIST: HAVERI. …APPELLANT (BY SRI. NAGAPRASAD SURESH KINI, ADVOCATE) AND: 1. SRI. SHANMUKHAPPA S/O. VEERAPPA GIRJI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O. ALADAKATTI, TQ: AND DIST: HAVERI. 2. SMT. RATNAVVA W/O. GURUPUTRAPPA GIRJI, AGE: 51 YEARS, OCC: HOUSEHOLD, R/O. ALADAKATTI, TQ: AND DIST: HAVERI. 3. SRI. IRANNA S/O. GURUPUTRAPPA GIRJI, AGE: 51 YEARS, OCC: COOLIE, R/O. ALADAKATTI, TQ: AND DIST: HAVERI. 4. SRI. SHIVANAGAPPA S/O. RUDRAPPA GIRJI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. ALADAKATTI, YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6889 RSA No. 100204 of 2025 TQ: AND DIST: HAVERI. 5. SRI GANGADHARA S/O. SHANKRAPPA GIRJI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O. ALADAKATTI, TQ: AND DIST: HAVERI. 6. SRI. VISHAWANATH S/O. SHANKRAPPA GIRJI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. ALADAKATTI, TQ: AND DIST: HAVERI. RESPONDENTS NO. 7 TO 11 (DELETED) …RESPONDENTS (BY SRI. SUNIL DESAI, ADVOCATE FOR R1-R6) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO THE PRESENT REGULAR SECOND APPEAL MAY KINDLY BE ALLOWED BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 04.12.2024 DISMISSING THE APPEAL IN REGULAR APPEAL NO.15/2024 PASSED BY THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI CONFIRMING THE JUDGMENT AND DECREE DATED 01.10.2018 DECREEING THE SUIT FILED BY THE RESPONDENTS NO.1 TO 6 IN O.S.NO.106/2018 BY THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE, HAVERI FOR DECLARATION AND INJUNCTION; DISMISS THE SUIT FILED BY THE RESPONDENTS IN O.S.NO.106/2018 BY THE COURT OF ADDITIONAL SENIOR CIVIL JUDGE, HAVERI FOR DECLARATION AND INJUNCTION, WITH COST THROUGHOUT. THIS APPEAL, COMING ON FOR ADMISSION THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - NC: 2025:KHC-D:6889 RSA No. 100204 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) This appeal is preferred by defendant No.2 assailing the judgment and decree dated 04.12.2024 in R.A.No.15/2024 on the file of I-Additional District and Sessions Judge, Haveri (for short “the First Appellate Court”) dismissing the appeal and confirming the judgment and decree dated 01.10.2018 in O.S.No.106/2018 on the file of the Additional Senior Civil Judge Haveri (for short “the Trial Court”), decreeing the suit of the plaintiff. 2. It is submitted by the learned counsel appearing for the parties that the parties have settled the matter amicably and accordingly, filed compromise petition under Order XXIII Rule 3 of CPC. The parties are present before this Court and submitted that they have agreed to the terms and conditions stipulated in the compromise petition along with the sketch appended to the compromise petition. It is also submitted by the - 4 - NC: 2025:KHC-D:6889 RSA No. 100204 of 2025 parties that there is no force or undue influence while arriving at compromise in the matter. 3. Learned counsel appearing for the parties have identified the respective parties. 4. It is also to be noted that the appellant has deleted respondents 7 to 11 from the cause title as per the memo filed today. The appellant has filed amended cause title to that effect. 5. I have carefully examined the compromise petition filed by the parties. Respondent No.1 has filed GPA dated 10.04.2025 authorising him to pursue the present appeal on behalf of respondents 2 to 6 before this Court. The respondent No.1 and the appellant herein have not disputed the same. In that view of the matter, the appeal is disposed of in terms of the compromise petition filed by the parties and same is accepted. It is to be noted that the suit is filed by the plaintiff seeking relief of declaration that the plaintiffs are having right of easement - 5 - NC: 2025:KHC-D:6889 RSA No. 100204 of 2025 in the plaint sketch. The parties today have enclosed the sketch along with the compromise petition and submitted that they have agreed for modification of the judgment and decree of the Courts below in terms of the sketch filed along with the compromise petition. In the result, the judgment and decree passed by the Courts below is modified in terms of the compromise petition and the sketch appended to the compromise petition. Accordingly, the appeal stands disposed of. 6. 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.: 30