- 1 - HC-KAR NC: 2025:KHC-D:8240 RSA No. 100189 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL REGULAR SECOND APPEAL NO.100189 OF 2023 (PA/DE/IN) BETWEEN: SUSHILA W/O. RUDRAPPA AMBI, AGE: 62 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O: PARAMANANDWADI, TQ: RAIBAG, DIST: BELAGAVI – 591 311. …APPELLANT (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: 1. BASAPPA S/O. GANGAPPA AMBI, AGE: 31 YEARS, OCC: AGRICULTURE COOLIE, R/O: PARAMANANDWADI, TQ: RAIBAG, DIST: BELAGAVI – 591 311. 2. KUMAR S/O. GANGAPPA AMBI, AGE: 24 YEARS, OCC: STUDENT, R/O: PARAMANANDWADI, TQ: RAIBAG, DIST: BELAGAVI – 591 311. 3. KASTURI W/O. GANGAPPA AMBI, AGE: 48 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O: PARAMANANDWADI, TQ: RAIBAG, DIST: BELAGAVI – 591 311. SINCE DECEASED Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8240 RSA No. 100189 of 2023 R1 AND R2 ARE THE LR’S OF DECEASED R3. 4. SANGAPPA S/O. DUNDAPPA AMBI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: PARAMANANDWADI, TQ: RAIBAG, DIST: BELAGAVI – 591 311. 5. LAXMIBAI W/O. RUDRAPPA AMBI, AGE: 64 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O: PARAMANANDWADI, TQ: RAIBAG, DIST: BELAGAVI – 591 311. 6. SATAPPA S/O. MUTTAPPA AMBI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: PARAMANANDWADI, TQ: RAIBAG, DIST: BELAGAVI – 591 311. …RESPONDENTS (BY SRI. RAJENDRA R. PATIL, ADVOCATE FOR C/R1, R2; SRI. MOHAN A. HIREKODI, ADVOCATE FOR R4, R5 AND R6) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE PRAYING TO CALL FOR RECORDS, PERUSE THE SAME AND SET ASIDE JUDGMENT AND DECREE IN R.A165/2016 PASSED BY THE VII ADDITIONAL DISTRICT JUDGE BELAGAVI, SITTING AT CHIKKODI ON 17.12.2022 AND THE JUDGMENT AND DECREE IN O.S.NO.118/2012 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC RAIBAG ON 30.04.2016 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8240 RSA No. 100189 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This appeal is filed by defendant No.2 aggrieved by the judgment and decree dated 30.04.2016 passed in O.S.No.118/2012 on the file of Senior Civil Judge and JMFC, Raibag by which suit for partition and separate possession filed by the plaintiffs/respondents was decreed granting 1/4th share to the parties in the suit schedule properties. Being aggrieved by the said order, defendant No.2 preferred appeal in R.A.No.165/2016 on the file of VII Additional District Judge, Belagavi Sitting at Chikkodi on the premise of she having purchased the share of deceased Gangappa being father of respondents No.1 and 2 herein/plaintiffs, which came to be dismissed on 17.12.2022. Aggrieved by the same, the present appeal is filed by defendant No.2. 2. Today, a compromise petition under Order 23 Rule 3 of CPC is filed reporting amicable resolution of the dispute amongst family members and respondent No.6 - 4 - HC-KAR NC: 2025:KHC-D:8240 RSA No. 100189 of 2023 who is the purchaser of portion of the landed property from defendant No.3 – Smt.Laxmibai. The terms of the compromise petition reads as under: “The appellant and respondents begs to submit as unders “1) The respondent No.1 and 2 and deceased respondent no.3 had filed a suit for declaration and partition bearing OS No.118/2012 on the file of the Senior Civil Judge at Raibagh at Raibhag. The said suit was partly decreed, the prayer for declaration was rejected and the trial court ordered that respondent no.1 and 2 and deceased respondent No.3 are jointly entitle to 1/4th share in the suit schedule properties. It is also ordered that appellant and respondent No.4 are entitle to 1/4th share each in the suit schedule properties, further the sale deed executed by respondent no.5 in favor of respondent No.6 is made absolute. 2) Aggrieved by the same the appellant had file RA No.165/2016 on the file of VII Addl. District Judge, Belagavi, sitting at Chikkodi challenging the judgment and decree in OS No.118/2012. The appellate court had dismissed the appeal by confirming the judgment and decree in OS. No118/2012 with cost of Rs.5000/-. Aggrieved by the same the appellant has filed the present appeal. 3) At the Intervention of the elders and well wishers of the family of the appellants and respondents they have agreed to settle their dispute amicably and are filiing this compromise petition before this Hon'ble court. 4) All the parties agree that there was a prior family arrangement between the deceased Gangappa (father of respondent no.1 and 2), Sangappa (Respondent No.4), Laxmibal (Respondent No.5), Sushila Bai (Appellant) and deceased Sonabai(Mother). The said family arrangement had been acted upon and the parties are in possession of respective share. Now all the parties have agreed to settle - 5 - HC-KAR NC: 2025:KHC-D:8240 RSA No. 100189 of 2023 their dispute and partition the suit schedule properties among themselves in the following terms: SUIT SCHEDULE "A": Agricultural land bearing no.29/2 measuring 6 acre 34 guntas, pot karab 6 guntas totally measuring 6 acre 28 guntas situated at Paramanadwadi village Raibhag Taluk, District Belagavi shown in the hand sketch map as ABCD. The hand sketch map is part and parcel of this compromise petition. i) Respondent No.1 has received today from the appellant a DD bearing No.523240 dated 23/06/2025 drawn on Karnataka VikhasGrameena Bank Branch Jamakhandi for an amount of Rs.12,50,000/- and respondent No. 2 has received today from the appellant a DD bearing No.523239 dated 23/06/2025 drawn on Karnataka VikhasGrameena Bank Branch Jamakhandi Branch an amount of 12,50,000/- and by accepting the same they have agreed that neither they nor their legal heirs, successors have any right, title or interest in RS No.29/2 and that they or their legal heirs or their successors will not claim any right, title, interest over RS No. 29/2. ii) It is agreed between the parties that 3 acres 14 guntas towards western side of Rs No.29/2 which is shown as EBGF in the hand sketch map is allotted to the appellant to the exclusion of all the respondents and they or their legal heirs do not have any right, title or interest in the said 3 acres 14 guntas. The boundaries of the said 3 acres 14 guntas are: Towards East: RS No.29/2 belonging to Respondent No.4 Towards West: RS No.29/3 of Ajay Yashwantrao Shiragurkar Towards North: RS No.26 of MallappaNeelappa Bhavi Towards South: RS no.30 of Laxman Nagappa Walke iii) It is agreed between the parties that 1 acre 27 guntas in middle partition of RS No.29/2 which is shown as FGIH in the hand sketch map is allotted to the respondent - 6 - HC-KAR NC: 2025:KHC-D:8240 RSA No. 100189 of 2023 No.4 to the exclusion of the appellant and other respondents and they or their legal heirs do not have any right, title or interest in the said 1 acres 27 guntas. The boundaries of the said 1 acres 27 guntas are: Towards East: RS No.29/2 belonging to Respondent No.6 Towards West: RS No.29/2 belonging to appellant. Towards North: RS No.25 of Mahadeva Irappa Bhavi Towards South: RS No.30 of Sadashiv Kallappa Walke iv) It is agreed between the parties that 1 acre 27 guntas towards eastern side in RS No.29/2 which is shown as HICJ in the hand sketch map is allotted to the respondent No.6 to the exclusion of the appellant and other respondents and they or their legal heirs don't have any right, title or interest in the said 1 acres 27 guntas. The boundaries of the said 1 acres 27 guntas are: Towards East: Road Towards West: RS No.29/2 belonging to respondent No.4. Towards North: RS No.25 of Mahadeva Irappa Bhavi Towards South: RS No.30 of Sadashiv Kallappa Walke v) Since Respondent No.5 has sold her share of 1 acre 27 guntas in RS No.29/2 i.e., HICJ in favor of respondent no.6 vide registered Sale deed dated 10/08/2001 and received consideration amount as per the sale deed, respondent no.5 and her legal heirs do not have any right, title or Interest in RS No.29/2. vi) All the parties have agreed that there is a 12 feet wide cart road towards south of RS No.29/2, shown in the hand sketch map as AEJD which was being used since time immemorial for the benefit of appellant and respondent No.4 and 6. It is further agreed between the parties that the said 12 feet cart road i.e., AEJD which runs from east to west shall be used by appellant and respondent No.4 and 6 without any interference or hindrance from any of the parties or their legal heirs, successors etc. Respondent No.5 having sold her share to respondent No.6 is not - 7 - HC-KAR NC: 2025:KHC-D:8240 RSA No. 100189 of 2023 claiming any right, title or interest in "schedule A" property. SUIT SCHEDULE "B": 5) VPC No.388 which had fallen to the share of Gangappa in the earlier oral partition has been sold by Gangappa by way of registered sale deed dated 21/03/1992. The said property is not available for partition. 6) House bearing VPC no.68 situated in Paramanadwadi village, Raibhag Taluk, Raibhag District Belagavi is allotted to respondent no.4 to the exclusion of appellant and other respondents, they or their legal heirs do not have any right, title or interest in the said VPC No.68. 7) It is agreed between the appellants and respondents that the present appeal may be decreed in terms of aforementioned compromise to which all the parties their legal heirs and successors will abide and act accordingly. Therefore it is most humbly prayed that this Hon'ble Court may be pleased to set aside Judgment & Decree in RA 165/2016 passed by the VII Additional District Judge Belagavi, Sitting at Chikkodi on 17.12.2022 and the judgment and decree in OS No. 118/2012 passed by The Senior Civil Judge & JMFC Raibag on 30.04.2006 and accept the present compromise petition and allow the appeal in terms of said compromise and draw final decree in the interest of justice and equity.” 3. Appellant/defendant No.2 has paid a sum of Rs.12,50,000/- each to respondents No.1 and 2/plaintiffs No.1 and 2 by way of Demand Drafts bearing No.523239 and 523240 both dated 23.06.2025 drawn on Karnataka - 8 - HC-KAR NC: 2025:KHC-D:8240 RSA No. 100189 of 2023 Vikas Grameena Bank, Jamkhandi. The same is received by respondents No.1 and 2. 4. This Court on interaction found that the parties have understood the terms of the compromise petition and have resolved the matter in terms thereof. The said compromise petition is taken on record. 5. The judgment and decree passed by the Trial Court confirmed by the First Appellate Court is modified. Accordingly, the appeal is disposed of in terms of the compromise petition. 6. Registry to draw decree accordingly, subject to payment of stamp duty. Sd/- (M.G.S. KAMAL) JUDGE SH/CT-ASC List No.: 1 Sl No.: 38