- 1 - HC-KAR NC: 2025:KHC-D:12901 MFA No. 102169 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 102169 OF 2025 BETWEEN: 1. SRI. SIDDHARTH S/O. MALAGOUDA PATIL AGED 49 YEARS, OCC. AGRICULTURE, R/O. ANKALI -591213, T TQ. CHIKKODI, DIST. BELAGAVI. 2. SRI. JINENDRA S/O. MALAGOUDA PATIL AGED 41 YEARS, OCC. AGRICULTURE, R/O. ANKALI -591213, TQ. CHIKKODI, DIST. BELAGAVI. 3. SMT. SUREKHA W/O. MALAGOUDA PATIL AGED 49 YEARS, OCC. HOUSEHOLD, R/O. ANKALI- 591213, TQ. CHIKKODI, DIST. BELAGAVI-590001. 4. SMT. RAJESHREE W/O. RAJAN PATIL AGED 51 YEARS, OCC. HOUSEHOLD, R/O. KUMBAR GALLI, ICHALAKARANJI- 416115 TQ. HATAKANAGALA, DIST. KOLHAPUR, MAHARASHTRA STATE. …APPELLANTS (BY SRI. RAJASHEKHAR BURJI, ADV) AND: 1. SRI. BHAVUSAHEB S/O. BANDU PATIL AGED 72 YEARS, OCC. AGRICULTURE, R/O. ANKALI -591213, TQ. CHIKKODI, DIST. BELAGAVI. 2. SRI. VIVEK S/O. BHAVUSAHEB PATIL AGED 48 YEARS, OCC. AGRICULTURE, R/O. ANKALI -591213, TQ. CHIKKODI, DIST. BELAGAVI. MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12901 MFA No. 102169 of 2025 3. SRI. VIKAS S/O. BHAVUSAHEB PATIL AGED 46 YEARS, OCC. AGRICULTURE R/O. ANKALI -591213, TQ. CHIKKODI, DIST. BELAGAVI. 4. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI-590001. 5. THE ASSISTANT COMMISSIONER CHIKKODI, TQ. & DIST. CHIKKODI-591201. …RESPONDENTS (BY SRI. RAMESH I. ZIRALI, ADV FOR R1 TO R3, SRI. ABHISHEK MALIPATIL, HCGP FOR R4 & R5) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, 1908, PRAYING TO ALLOW THE PRESENT APPEAL AND SET ASIDE THE ORDER DATED 19.03.2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, CHIKODI IN OS NO.69/2024 ALLOWING I.A.NO.II FILED UNDER ORDER XXXIX RULES 1 AND 2 CODE OF CIVIL PROCEDURE, AND FURTHER DISMISS THE I.A.NO.II FILED BY THE PLAINTIFFS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER The appellants and the respondents filed a joint memo which reads as follows: “The counsel for the parties to the above appeal submits as under: 1. This appeal filed by the appellant challenging the order dated:19.3.2025 on IA No. II in OS No. 69/2024 passed by the Prl. Senior Civil Judge, Chikodi. The trial by the said order was pleased to restrain the Defendant No.5 & 6 from disbursing the entire compensation amount of Rs.5,57,56,238/- (Five Crore Fifty Seven lakhs Fifty Six - 3 - HC-KAR NC: 2025:KHC-D:12901 MFA No. 102169 of 2025 Thousand Two Hundred thirty Eight Rupees) in respect of acquired land R.S. No.263 of Ankali Village in Favour of Defendant No. 1 to 4 till disposal of the suit and directed to deposit the disputed portion of compensation amount before the trial court. 2. That, the parties to the suit i.e Appellants/Defendants 1 to 4 and Respondents 1 to 3 / plaintiffs have amicably settled the dispute and agreed to the following terms: a) That, the respondents 1 to 3/plaintiffs have no objection for release of compensation amount of Rs.4,57,56,238/- (Four Crore Fifty Seven Lakhs Two Hundred Thirty Eight rupees) in favour of Appellants, out of Rs.5,57,56,238/- (Five Crore Fifty Seven lakhs Fifty Six Thousand Two Hundred thirty Eight Rupees) and appellants have agreed for the same. b) That, the appellants have agreed to deposit the remaining compensation amount of Rs. 1,00,00,000/- (One Crore Rupees) with the trial court and same shall be released in favour of the respondents 1 to 3/Plaintiffs in case the Trial court holds that they are entitled for the said deposited compensation amount 'in addition to solatium amount to that extent and other benefits.' c) That, both the parties are ready to co-operate for speedy disposal of suit within a period of 6 months pending before the trial court. d) The terms agreed in the present joint memo are only an interim arrangement. Wherefore, both the parties most respectfully prays this Hon'ble Court to accept the settlement arrived by the parties, in the ends of justice and equity.” The joint memo is taken on record. - 4 - HC-KAR NC: 2025:KHC-D:12901 MFA No. 102169 of 2025 Accordingly, the appeal is disposed off in terms of the joint memo. In view of disposal of the appeal, I.A.1/2025 does not survive for consideration. Accordingly, stands disposed of. Sd/- ASHOK S. KINAGI) JUDGE kmv CT: BSB