- 1 - NC: 2025:KHC-D:5534 RSA No. 5622 of 2012 C/W RSA.CROB No. 57 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 5622 OF 2012 (PAR-) C/W RSA CROSS OBJ NO. 57 OF 2012 IN RSA NO. 5622/2012 (PAR-) BETWEEN: FAKKIRADDI S/O. YALLARADDI KECHARADDI @ MUGANUR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: KANKIKOPPA, TQ: NARAGUND, DIST: GADAG. SINCE DEAD BY LR’S. 1(A) HEMARADDI S/O. FAKKIRADDI MUGANUR, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: KANKIKOPPA, TQ: NARAGUND, DIST: GADAG. 1(B) SMT. RUKMINI W/O. BHIMARADDI YELLARADDI, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O: NEAR MARUTI TEMPLE, KALAWAD, TAL: DHARWAD. 1(C) SMT. RADHA W/O. GOVINDARADDI YARAGATTI, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: HANUMANTH DEVAR ONI, KONGAWAD, TAL: DHARWAD. 1(D) BASAVARADDI S/O. FAKKIRADDI MUGANUR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: KANKIKOPPA, TQ: NARAGUND, DIST: GADAG. …APPELLANTS (BY SRI. SACHIN C. KULKARNI, ADVOCATE) AND: 1. SMT. PREMAVVA W/O. DHARAMARADDI TATTI, AGE: 52 YEARS, OCC: HOUSEHOLD, MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5534 RSA No. 5622 of 2012 C/W RSA.CROB No. 57 of 2012 R/O: KANKIKOPPA, TQ: NARAGUND, DIST: GADAG. 2. SMT. BHAGAWWA W/O. PARVATGOUDA PATIL, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O: ASUNDI, TQ & DIST: GADAG. …RESPONDENTS (BY SRI. DINESH M. KULKARNI, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 PRAYING TO BE SETASIDE THE JUDGMENT & DECREE OF FAST TRACK COURT AT GADAG DATED 24.02.2012 IN R.A.NO.14/2010 AND CONSEQUENTLY THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT CIVIL JUDGE (JR.DN.) GADAG IN O.S. NO.137/2007 IN THE INTEREST OF JUSTICE AND EQUITY. IN RSA CROB NO.57/2012 (PAR-) BETWEEN: 1. SMT. PREMAVVA W/O. DHARAMRADDI TATTI, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O: KANKIKOPPA, TQ: NARAGUND, DIST: GADAG-582209. 2. SMT. BHAGAWWA W/O. PARVATGOUDA PATIL, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O: ASUNDI, TQ & DIST: GADAG-582209. …PETITIONERS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: FAKKIRADDI S/O. YALLARADDI KECHARADDI @ MUGANUR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: KANKIKOPPA, TQ: NARAGUND, DIST: GADAG-582209. …RESPONDENT (BY SRI. SACHIN C. KULKARNI, ADVOCATE) - 3 - NC: 2025:KHC-D:5534 RSA No. 5622 of 2012 C/W RSA.CROB No. 57 of 2012 THIS CROSS OBJECTION IS FILED UNDER ORDER 41 RULE 22 OF THE CPC PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 24.02.2012 PASSED IN R.A.NO.14/2010 ON THE FILE OF FAST TRACK COURT, AT GADAG MODIFYING THE JUDGMENT AND DECREE DATED 5.1.2010 IN O.S.NO.137/2007 ON THE FILE THE CIVIL JUDGE (SR. DIVN) AND C.J.M. GADAG, AND AWARD 1/3RD SHARE TO THE APPELLANTS IN THE SUIT SCHEDULE PROPERTIES AND ETC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT RSA No.5622/2012 is preferred by the defendant challenging the judgment and decree dated 24.02.2012 on the file of Fast Track Court at Gadag (for short, hereinafter referred to as ‘the First Appellate Court’), allowing the appeal and modifying the shares of the parties in the judgment and decree dated 05.01.2010 in OS No.137/2007 on the file of Civil Judge (Jr. Dn.), Gadag (for short, hereinafter referred to as ‘the Trial Court’), decreeing the suit of the plaintiffs in part. - 4 - NC: 2025:KHC-D:5534 RSA No. 5622 of 2012 C/W RSA.CROB No. 57 of 2012 2. RSA Crob. No.57/2012 is filed by the plaintiff Nos.1 and 2 assailing the judgment and decree dated 24.02.2012 on the file of First Appellate Court, allowing the appeal and modifying the shares of the parties in the judgment and decree dated 05.01.2010 in OS No.137/2007 on the file of Trial Court, decreeing the suit of the plaintiffs in part. 3. It is submitted by the learned counsel appearing for the parties that, the parties to the suit have settled the matter amicably and some of the parties have given up their shares in the suit schedule property subject to the monetary benefits that may be taken care of by the defendants. 4. Parties are present before the Court and submitted that, the compromise petition is filed voluntarily without any force or undue influence. Parties are agreed for modification of the judgment and decree in terms of the compromise petition. 5. In that view of the matter, the appeal is disposed off in terms of the compromise petition entered - 5 - NC: 2025:KHC-D:5534 RSA No. 5622 of 2012 C/W RSA.CROB No. 57 of 2012 into between the parties. Accordingly, appeal in RSA No.5622/2012 and RSA Crob No.57/2012 are hereby disposed off in terms of compromise petition. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 1 Sl No.: 19