- 1 - NC: 2025:KHC-D:6344-DB RFA No. 100507 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH 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. 100507 OF 2022 (PAR/POS) BETWEEN: 1. CHANDRAKANT S/O. BASAVANNEPPA NIJAGULI AGE: 66 YEARS, OCC: RTD. GOVT. SERVANT, R/O. TIMMAPUR S.N., TQ: BADAMI, DIST: BAGALKOTE, NOW AT LAXMI LAYOUT, GOKAK-591304, TQ: GOKAK, DIST: BELAGAVI. 2. MAHANTESH S/O. CHANDRAKANT NIJAGULI AGE: 29 YEARS, OCC: SERVICE, R/O. TIMMAPUR S.N., TQ: BADAMI, DIST: BAGALKOT, NOW AT LAXMI LAYOUT, GOKAK-591304, TQ: GOKAK, DIST: BELAGAVI. …APPELLANTS (BY SRI. SHIVAKUMAR S.BADAWADAGI, ADVOCATE) AND: 1. ASHOK S/O. BASAVANNEPPA NIJAGULI AGE: 56 YEARS, OCC: AGRICULTURE, R/O. BATAKURKI-591123, TQ: RAMDURGA, DIST: BELAGAVI. 2. CHANNAVVA W/O. ISHWARAPPA TAVANSHI AGE: 64 YEARS, OCC: HOMEMAKER, R/O. I.S. TAVANSHI, PLOT NO.17A, RANI CHANNAMMA SOCIETY, SRINAGAR, MAHANTESH NAGAR, BELAGAVI-591007. 3. NILAVVA W/O. BASAPPA MAHALMANI AGE: 62 YEARS, OCC: HOMEMAKER, R/O. SOPPADLA-591129, TQ: SAVADATTI, DIST: BELAGAVI. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.05.26 12:03:08 +0530 - 2 - NC: 2025:KHC-D:6344-DB RFA No. 100507 of 2022 4. ANNAVVA W/O. BASAPPA HUNDEKAR AGE: 52 YEARS, OCC: HOMEMAKER, R/O. HULAKUND-591114, TQ: RAMADURGA, DIST: BELAGAVI. …RESPONDENTS (BY SRI. SHREEVATSA HEGDE, ADVOCATE FOR R1; NOTICE TO R2 AND R3 ARE SERVED; NOTICE TO R4 IS HELD SUFFICIENT VIDE ORDER DATED 21.02.2023) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 11.07.2022 PASSED IN O.S.NO.242/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, BELAGAVI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) The captioned appeal is filed by defendants 4 and 5 assailing the preliminary decree in O.S.No.242/2020 wherein plaintiffs are awarded 1/5th share in item Nos.1,2,6 and 7. - 3 - NC: 2025:KHC-D:6344-DB RFA No. 100507 of 2022 2. For the sake of convenience, the parties are referred to as per their rank before the trial Court. 3. Pending adjudication of the present appeal, the plaintiffs and the defendants have amicably resolved their disputes and have entered into a joint compromise, which has been duly reduced into writing and presented before this Court by way of a compromise petition. As per the terms and recitals set forth therein, it is stated that defendants No.1 to 3, namely Channavva, Nilavva, and Annavva, who are the sisters of the plaintiff Ashok and defendant No.4 have relinquished and surrendered their respective shares in the suit schedule properties, which were previously allotted to them under the preliminary decree passed by the trial court. 4. It is further stated that in consideration of such relinquishment, the said defendants have received gold ornaments in lieu of their respective shares. Specifically, defendant No.3, Annavva, has received 40 grams of gold, while defendants No.1 and 2, Channavva and Nilavva, - 4 - NC: 2025:KHC-D:6344-DB RFA No. 100507 of 2022 have each received 20 grams of gold. This Court, during the hearing, posed specific queries to defendants No.1 to 3, who were personally present before us. In response, all three sisters unequivocally confirmed that they have voluntarily accepted the gold as full and final settlement of their rights in the suit schedule properties and have no further claims therein. They also affirmed that their decision to arrive at the compromise was motivated by the desire to maintain cordial familial relations with their brothers and to put an end to the ongoing litigation. 5. The parties to the compromise petition have been duly identified by their respective counsel, who are present before this Court. It is further recorded that defendants No.1 to 3 have stated that the entire contents of the compromise petition were read over and explained to them in the vernacular language by their respective legal representatives, and that they have fully understood the terms before appending their signatures. - 5 - NC: 2025:KHC-D:6344-DB RFA No. 100507 of 2022 6. In view of the above circumstances and having regard to the statements made by the parties on record, we are satisfied that the compromise is lawful, fair, and voluntarily entered into by all concerned. There is no indication of any coercion, undue influence, fraud, or misrepresentation affecting the free will of any of the signatories. None of the parties have made any grievance or complaint in this regard. Accordingly, the compromise petition is hereby admitted and taken on record. 7. Consequently, the judgment and decree dated 11.07.2022 passed in O.S. No. 242/2020 by the learned Principal Senior Civil Judge and Chief Judicial Magistrate, Belagavi, shall stand modified in terms of the mutual compromise arrived at between the parties. This appeal stands disposed of in light of the said compromise. No order as to costs. 8. Decree shall be drawn accordingly. - 6 - NC: 2025:KHC-D:6344-DB RFA No. 100507 of 2022 9. In view of disposal of this appeal, all pending interlocutory applications do not survive for consideration and they stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE ALB Ct:vh List No.: 1 Sl No.: 23