- 1 - NC: 2025:KHC-D:4898 WP No. 107362 of 2024 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. 107362 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SHRI. HUSSAINSAB S/O. IMAMSAB SUNKAD, AGE: 61 YEARS, OCC: AGRICULTURE, R/O. HOSAKOTI VILLAGE, TAL: RAMDURG, DIST: BELAGAVI- 591130. 2. SHRI. BAPUSAB S/O. DAVALSAB SUNKAD, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. HOSAKOTI VILLAGE, TAL: RAMDURG, DIST: BELAGAVI- 591130. 3. SHRI. FAKRUSAB @ FAKIRSAB S/O. BAPUSAB SUNKAD, AGE: 75 YEARS, OCC: AGRICULTURE, R/O: HOSAKOTI VILLAGE, TAL: RAMDURG, DIST: BELAGAVI- 591130. 4. SHRI. VINOD S/O. YANKAPPA BUSANNAVAR, AGE: 28 YEARS, OCC: AGRICULTURE, R/O: GUTTIGOLI VILLAGE, TAL: RAMDURG, DIST: BELAGAVI- 591130. 5. SHRI. MANJU S/O. YANKAPPA BUSANNAVAR, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: GUTTIGOLI VILLAGE, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4898 WP No. 107362 of 2024 TAL: RAMDURG, DIST: BELAGAVI- 591130. …PETITIONERS (BY SRI. PRANAV SUKHADEO KATAGERI, ADVOCATE) AND: 1. SHRI. GURURAJ S/O HANUMANTRAO MUTALIK DESAI, AGE. 62 YEARS, OCC. SERVICE (RTD), R/O. H. NO. 18, CAUVERY NAGAR, MANDOLI ROAD, GURUPRASAD COLONY, BELAGAVI- 590006. 2. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS, BELAGAVI, BELAGAVI- 590001. 3. THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX-OFFCIO DEPUTY DIRECTOR OF LAND RECORDS, BELAGAVI- 590001. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS, TAL: RAMDURG, DIST: BELAGAVI- 591123. 5. THE TAHSILDAR, TAL: RAMDURG, DIST: BELAGAVI- 591123. …RESPONDENTS (BY SMT. P.G.NAIK, ADVOCATE FOR C/R1; SRI. T.HANUMAREDDY, AGA FOR R2 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE CERTIORARI BY QUASHING THE PÀæ.ªÀÄ.Dgï«/¸ÀªÉð/¥ÉÆr/J¸ï.Dgï PÀæ.ªÀÄ.Dgï«/¸ÀªÉð/¥ÉÆr/J¸ï.Dgï PÀæ.ªÀÄ.Dgï«/¸ÀªÉð/¥ÉÆr/J¸ï.Dgï PÀæ.ªÀÄ.Dgï«/¸ÀªÉð/¥ÉÆr/J¸ï.Dgï---- 152/2024 IMPUGNED ORDER DATED. 24-10-2024 PASSED BY THE RESPONDENT NO. 2 HEREIN AT ANNEXURE-A AND THEREBY CONFIRMING THE ORDER PASSED BY THE RESPONDENT NO.3 HEREIN DDLR, BELAGAVI BY ALLOWING THIS WRIT PETITION. - 3 - NC: 2025:KHC-D:4898 WP No. 107362 of 2024 THIS PETITION COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. Learned counsel for the petitioners and respondent No.1, submit in unison that the dispute between the parties has been settled amicably. They have filed the compromise application under Order XXIII, Rule 3 read with Section 151 of the Code of Civil Procedure, which reads as under: APPLICATION UNDER ORDER XXIII RULE 3 R/W SEC. 151 C.P.C HEREIN the Compromise Petition of the Petitioners and Respondent No.1 is as under: I] FACTS IN BRIET: 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 - 4 - NC: 2025:KHC-D:4898 WP No. 107362 of 2024 and by virtue of the same the Sy.No.179/3 was sub- 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 Respondent No.1-Gururaj Hanamantrao MutalikDesai filed an Appeal against the present Petitioners in APL: PHODI:SR-66/2023-24 before the Technical Assistant to Deputy Commissioner & Ex- Officio DDLR, Belagavi challenging the Sub-Division of RS No.179 of Guttigoli village and the said Appeal was dismissed on 16-5-2024 against which the Revision was filed in REV/SURVEY/PHODI/SR-152/2024 before the Regional Joint Director of Land Records, Belagavi and the said Revision was allowed on 24-10-2024 and the matter was remanded to the Deputy Director of Land Records, Belagavi. Then the Petitioners have filed the present Writ Petition against the said order in Revision. C). In view of the above said proceedings and the various Sale Deeds executed by Shri Hussainsab Imamsab 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 the parties on the following terms and conditions. B]. TERMS OF COMPROMISE 1. The Respondent No.1 admits the claim of the Petitioners with regard to the sub-division of Survey No.179 of Guttigoli village. - 5 - NC: 2025:KHC-D:4898 WP No. 107362 of 2024 2. The Respondent No.1 has no objections to allow the present Writ Petition by confirming the sub-division of Survey No.179 as Nos. 179/1, 179/2, 179/3, 179/4, 179/5, 179/6 and 179/7 of Guttigoli village. 3. That the Petitioners hereby state that they will not further agitate against Respondent No.1 or his legal representatives-in-interest in regard to the above said land/lands in future. 4. That the Petitioners are not going to prosecute or claim any damages against the Respondent No.1 in connection with the suit property now or in future. 5. That the above said terms have been agreed to by both Petitioners and Respondent No.1 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. 2. The compromise petition is signed by petitioners No.1, 2, 4, and 5, as well as respondent No.1. They are present before the Court and have been identified by their respective counsel. It is stated that, petitioner No.3 is specially abled person and is not in a position to attend the Court. The other petitioners are representing him. - 6 - NC: 2025:KHC-D:4898 WP No. 107362 of 2024 3. Petitioners No.1, 2, 4 and 5, along with respondent No.1, admit the terms of the compromise. Respondent No.3 specifically states that he has no objection to allow the writ petition and is satisfied with the terms of the compromise. 4. Accordingly, the compromise application is accepted. The petition is allowed in terms of the compromise petition. The impugned order dated 24.10.2024, passed by respondent No.2, produced as per Annexure-A, and the order passed by respondent No.3, are hereby quashed. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 2 Sl No.: 1