- 1 - NC: 2025:KHC-D:4897 WP No. 146615 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 146615 OF 2020 (LR-) BETWEEN: HUSSAINSAB S/O. IMAMSAB SUNKAD, AGE : 47 YEARS, OCC : AGRICULTURIST, R/O : HOSAKOTI, TQ : RAMADURGA, DIST : BELAGAVI, PIN CODE : 591131. …PETITIONER (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY, VIDHANA SOUDHA, BENGALURU-5600001. 2. THE ASSISTANT COMMISSIONER, BAILHONGAL SUB-DIVISION, BAILHONGAL, DIST: BELAGAVI. PIN CODE : 591102. 3. GURURAJ S/O. HANAMANTRAO MUTALIK DESAI, AGED ABOUT 58 YEARS, OCC : GOVT. SERVANT R/O : #18, CAVERY NAGAR, MANDOLLI ROAD, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4897 WP No. 146615 of 2020 GURUPRASAD COLONY, BELAGAVI, PIN CODE : 590006. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 & R2 SMT. P.G. NAIK, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, BY QUASHING THE IMPUGNED ORDER DATED 07.02.2020 PASSED IN (REVENUE) APPEAL NO.14/2013 BY THE KARNATAKA APPELLATE TRIBUNAL, BENGLURU, AS PER ANNEXURE-P HEREIN AND THEREBY CONFIRMING THE ORDER DATED 05.06.2003 IN NO.KLR/7A/UÀÄwÛUÉÆý UÀÄwÛUÉÆý UÀÄwÛUÉÆý UÀÄwÛUÉÆý-7A-5/1999-2000 PASSED BY THE RESPONDENT NO.2 HEREIN-ASSISTANT COMMISSIONER, BAILHONGAL SUB-DIVISION OF BELGAVI DISTRICT AS PER ANNEXURE-K HEREIN, AND CONSEQUENTLY ALLOWING THIS WRIT PETITION AND THEREBY DISMISSING THE SAID APPEAL NO.14/2013 AS FILED BY THE RESPONDENT NO.3 HEREIN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:4897 WP No. 146615 of 2020 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER Learned counsel for the petitioner and respondent No.3 submit in unison that the parties have settled the dispute amicably and they have filed the application in I.A.No.1 of 2025 under Order XXIII Rules 3 R/w. Section 151 of CPC, which reads as under: “APPLICATION UNDER ORDER XXIII RULE 3 R/W SEC. 151 C.P.C HEREIN the Compromise Petition of the Petitioner and Respondent No.3 is as under: I] FACTS IN BRIEF: A) The Agricultural Land bearing Sy. No. 179 totally measuring 24 Acres 37 Guntas of Guttigoli village in Ramdurg Taluka and the same was sub-divided as Sy.No.179/1 measuring 4 Acres 37 Guntas in the name of Shri Bapusab Davalsab Sunkad, Sy.No. 179/2 measuring 4 Acres in the name of Shri Fakrusab Bapusab Sunkad, Sy.No.179/3 measuring 8 Acres in the name of Shri Hussainsab Imamsab Sunkad, Sy.No.179/4 measuring 4 Acres in the name of Shri Fakrusab Bapusab Sunkad and Sy.No.179/5 measuring 4 Acres in the name of Shri Bapusab Davalsab Sunkad. Subsequently above said Shri Hussainsab Imamsab Sunkad sold 4 Acres out of Sy. No.179/3 in favour of Shri Vinod Yankappa Busannavar and by virtue of the same the Sy.No.179/3 was sub- - 4 - NC: 2025:KHC-D:4897 WP No. 146615 of 2020 divided as Sy.No.179/3 measuring 4 Acres in the name of Shri Vinod Yankappa Busannavar and Sy.No. 179/6 measuring 4 Acres in the name of Shri Hussainsab Imamsab Sunkad. Further above said Shri Fakrusab Bapusab Sunkad sold 2 Acres out of Sy.No. 179/2 in favour of Shri Manju Venkappa Busannavar and accordingly Sy.No.179/2 was sub-divided as Sy.No.179/2 measuring 2 Acres in the name of Shri Fakrusab Bapusab Sunkad, Sy.No.179/7 measuring 2 Acres in the name of Shri Manju Venkappa Busannavar. Thus, in view of the above facts the Survey No.179 has been sub-divided as Sy.Nos. 179/1, 179/2, 179/3, 179/4, 179/5, 179/6 and 179/7. B) That the above said Shri Bapusab Davalsab Sunkad filed Form No.7A before the competent authority i.e. Assistant Commissioner, Bailhongal for grant of 8 Acres 37 Guntas out of Sy.No.179 of Guttigolli village and accordingly the same was granted in his favour on 05/06/2003 by the Assistant Commissioner, Bailhongal. Likewise, above said Shri Hussainsab Imamsab Sunkad filed Form No. 7A claiming 10 Acres out of Sy.No.179 and accordingly the Assistant Commissioner, Bailhongal allowed his claim to the extent of 8 Acres out of Sy.No. 179 as per Order dated 05/06/2003. Thereafter, the Respondent No. 3- Shri Gururaj Mutalik Desai filed Appeal No.14/2013 and Appeal No.15/2013 the KAT, Bengaluru and said Appeals were allowed 07/02/2020 against which WP No.146650/2020 has been filed by Shri Bapusab Davalsab Sunkad and WP No.146615/2020 has been filed by Shri Hussainsab Imamsab Sunkad. C). In view of the above said proceedings and the various Sale Deeds executed by Shri Hussainsab Sunkad, Shri Fakrusab Bapusab Sunkad and Shri Babusab Davalsab Sunkad and also because of the intervention of the elders the matter has been compromised between parties on the following terms and conditions. - 5 - NC: 2025:KHC-D:4897 WP No. 146615 of 2020 B]. TERMS OF COMPROMISE 1. The Respondent No. 3 admits the claim of the Petitioner as per the order dated 5-6-2003 passed in KLR/7A/Guttigoli-7/99-2000 by the Assistant Commissioner, Bailhongal based on the Form No.7A filed by the Petitioner before the said authority. The Petitioner and the Respondent No.3 have no objections to set aside the Order of the KAT, Bengaluru passed in Appeal No.14/2013 and Appeal No. 15/1013 dated 07/02/2020. 2. That the Petitioner- Shri Hussainsab Imamsab Sunkad in WP No. 146615/2020 has entered into an Agreement of Sale in respect of Sy. No.179/6 measuring 4 Acres with Smt. Ratna W/o. Hanamant Naik for which the Respondent No.3-Shri Gururaj HanamantRao MutalikDesai has no objection. 3. The Respondent No.3 has no objections to allow the present Writ Petition. 4. That the Petitioner hereby state that he will not further agitate against Respondent No.3 or his legal representatives-in-interest in regard to the above said land/lands in future. 5. That the Petitioner is not going to prosecute or claim any damages against the Respondent No.3 in connection with the suit property now or in future. 6. That the above said terms have been agreed to by both Petitioner and Respondent No.3 without any force, coercion or undue influence and after understanding the terms of compromise. That this compromise is binding on all the parties and all their legal heirs and representatives in interest. HENCE, it is most humbly prayed the Compromise Petition may kindly be allowed and order may kindly be passed in terms of the said compromise, in the interest of justice and equity. “ - 6 - NC: 2025:KHC-D:4897 WP No. 146615 of 2020 2. The petitioner and respondent No.3 are present before the Court and they are identified by their respective counsel. 3. On enquiry, the petitioner and respondent No.3 admit the terms of compromise, and respondent No.3 specifically states that he has no objection to allow the writ petition, and he admits the right of the petitioner as tenant. 4. Satisfied with the terms of compromise. Hence, I.A.No.1/2025 filed under Order XXIII Rule 3 R/w. Section 151 of CPC filed for compromise is accepted. Writ petition is allowed in terms of the compromise petition. Sd/- (M.G.UMA) JUDGE VB CT:ANB List No.: 2 Sl No.: 0