- 1 - NC: 2025:KHC-D:6357 RFA No. 100144 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100144 OF 2017 (DEC/PAR) BETWEEN: 1. SRI. YALLAPPA S/O. NAGUSA KATHARE, AGE 62 YEARS, OCC: BUSINESS, R/O. CHATNI CHAWL, TORVI HAKKAL, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 2. SRI. AMRUT S/O. YALLAPPA KATHARE, AGE 30 YEARS, OCC: BUSINESS, R/O. CHATNI CHAWL, TORVI HAKKAL, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 3. SMT. VIDYA W/O. ASHOK HABIB, AGE 32 YEARS, OCC: HOUSEHOLD WORK, R/O. VEERAPUR ONI, NEAR SCHOOL NO.4, SETTLEMENT, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 4. SRI. RAVINDRASA S/O. NAGOSA KATHARE, SINCE DECEASED, BY HIS LRS. 4A. SMT. KASTURI, W/O. RAVINDRASA KATHARE, AGE 63 YEARS, OCC: HOUSEWIFE, R/O. DAJIBANPETH, SAAL ONI, HUBBALLI-23. 4B. SMT. AMBIKA W/O. VIJAY MALAJI, AGE 38 YEARS, OCC: HOUSEWIFE, R/O. TORAVIHAKKAL, HUBBALLI-24. 4C. SMT. ASHWINI, W/O. PARASHURAM DALBANJAN, AGE 36 YEARS, OCC: HOUSEHOLD WORK, R/O. KOTILINGA NAGAR, HUBBALLI-580030. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:6357 RFA No. 100144 of 2017 4D. SRI. TULJARAMA, S/O. RAVINDRASA KATHARE, AGE 33 YEARS, OCC: BUSINESS, R/O. DAJIBANPETH, SAAL ONI, HUBBALLI-28. 4E. SMT. SUMAN W/O. RAGHVENDRA NIRANJAN, AGE 31 YEARS, OCC: HOUSEHOLD WORK, R/O. SHREYA HERITGE, AKSHAY PARK, GOKUL ROAD, HUBBALLI-580030. - APPELLANTS (BY SRI. VINOD SHANKAR PAWAR, ADVOCATE) AND: SRI. SANJAY S/O. YALLAPPA KATHARE, AGE 37 YEARS, OCC: BUSINESS, R/O. CHATNI CHAWL, TORVI HAKKAL, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. - RESPONDENT (BY SRI. SUBHASH J. BADDI, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W. ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.02.2017 PASSED BY THE II-ADDL. SR. CIVIL JUDGE, HUBBALLI IN O.S. NO. 365/2015 BY ALLOWING THE PRESENT APPEAL AND CONSEQUENTLY DISMISS THE SUIT IN O.S. NO. 365/2015 TO MEET THE ENDS OF JUSTICE & ETC. THIS REGULAR FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6357 RFA No. 100144 of 2017 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) This Regular First Appeal is filed under Section 96 r/w. Order 41 Rule 1 of CPC, praying to set aside the judgment and decree dated 15.02.2017 passed by the II- Addl. Sr. Civil Judge, Hubballi in O.S. No. 365/2015 by allowing the present appeal and consequently dismiss the suit in o.s.no.365/2015. 2. The appellants as well as the respondent along with their respective Advocates are present. Joint compromise petition is filed signed by the appellants and respondent as well as their respective Advocates. Respondent submits that he has read over contents of the compromise petition which is impounded in Kannada and accepted the terms of the compromise. On enquiry, the respondent submits that he has received Rs.2 lakhs cash in the open Court. All the parties have marked their signatures in the order sheet of the case file accepting the terms of compromise. - 4 - NC: 2025:KHC-D:6357 RFA No. 100144 of 2017 3. In view of the settlement arrived at between the parties, application filed under Order 23 Rule 3 CPC is allowed. Consequently, the appeal is disposed of in terms of the compromise petition. Impugned the judgment and decree dated 15.02.2017 passed by the II-Addl. Sr. Civil Judge, Hubballi in O.S. No. 365/2015 is set aside. Consequently, the suit is dismissed. Draw decree accordingly. Send back the trial court records. Sd/- (UMESH M ADIGA) JUDGE bvv /ct-an List No.: 1 Sl No.: 38