- 1 - NC: 2025:KHC-D:6994 RSA No. 100735 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100735 OF 2014 (DEC/INJ-) BETWEEN: SURYAKANT SHIVALINGAYYA MUCHANDI HIREMATH, AGE: 75 YEARS, OCC: AGRICULTURE, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591213. …APPELLANT (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: NAGAPPA BAAPPA GIDDANAVAR, SINCE DECEASED BY HIS LRS. 1. SUVARNA W/O NAGAPPA GIDDANAVAR, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591213. 2. SHIVALEELA D/O. NAGAPPA GIDDANAVAR, AGE: 25 YEARS, OCC: HOUSEHOLD WORK, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591213. 3. BASAVARAJ S/O. NAGAPPA GIDDANAVAR, AGE: 23 YEARS, OCC: AGRICULTURE, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591213. 4. IRAWWA D/O. NAGAPPA GIDDANAVAR, AGE: 20 YEARS, OCC: HOUSEHOLD WORK, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591213. MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6994 RSA No. 100735 of 2014 5. KAMALAWWA D/O. NAGAPPA GIDDANAVAR, AGE: 18 YEARS, OCC: HOUSEHOLD WORK, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591213. 6. IRAPPA BASAPPA GIDDANAVAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591213. 7. CHANDRAYYA BASAPPA GIDDANAVAR, SINCE DECEASED BY HIS LR’S. 7(A) SMT. NINGAVVA W/O. CHANDRAYYA @ CHANDRAPPA GIDDANNAVAR, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591307. 7(B) SRI. MAHANTESH S/O. CHANDRAYYA @ CHANDRAPPA GIDDANNAVAR, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591307. 7(C) SRI. VEERUPAKSHI S/O. CHANDRAYYA @ CHANDRAPPA GIDDANNAVAR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591307. 7(D) SMT. SUSHILA W/O. IRAPPA YARAGUDRI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591307. 7(E) SMT. SUMITRA W/O. VINAYAK MALAWAD, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591307. - 3 - NC: 2025:KHC-D:6994 RSA No. 100735 of 2014 8. SRI. RAMESH IRAPPA GIDDANAVAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591213. 9. SRI. BASAVARAJ IRAPPA GIDDANAVAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. BENCHINAMARADI, TQ: GOKAK DIST: BELAGAVI-591213. …RESPONDENTS (BY SRI. RAVI S. BALIKAI, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 13/11/2013 PASSED IN R.A.NO.28/2009 PASSED BY THE IIND ADDITIONAL SENIOR CIVIL JUDGE GOKAK AND JUDGMENT AND DECREE PASSED IN O.S.NO.37/1984 DATED 24/07/2006 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.) GOKAK, IN SO FAR DENIAL OF CLAIM IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT This Regular Second Appeal is preferred by the plaintiff assailing the judgment and decree dated 13.11.2013 in RA No.28 of 2009 on the file of II Additional Senior Civil Judge, Gokak, dismissing the - 4 - NC: 2025:KHC-D:6994 RSA No. 100735 of 2014 appeal, consequently confirming the judgment and decree dated 24.07.2006 in OS No.37 of 1984 on the file of Additional Civil Judge (Jr.Dn.), Gokak, decreeing the suit in part. 2. It is submitted by the learned counsel appearing for the parties that, the plaintiff was declared as owner in possession of 07 acres, 04 guntas of land in Sy.No.54/1+2/2 of Hoolikatti Village, Gokak Taluk, Belagavi District. The suit schedule property in OS No.37 of 1984 is measuring 09 acres of land. The plaintiff being aggrieved by the judgment and decree of the Trial Court, decreeing the suit to an extent of 07 acres, 04 guntas, instead of 09 acres, has preferred RA No.28 of 2009 before the First Appellate Court. The First Appellate Court, after considering the material on record, vide its judgment and decree dated 13.11.2013 dismissed the appeal, consequently - 5 - NC: 2025:KHC-D:6994 RSA No. 100735 of 2014 confirmed the judgment and decree in OS No.37 of 1984. 3. During the pendency of the appeal, the parties have entered into a compromise and accordingly, filed compromise petition before this court and sought for disposal of the appeal in terms of the compromise petition. The parties are present before the court and have been identified by their respective learned counsels. 4. I have carefully examined the terms and conditions mentioned in the compromise petition appended with the rough sketch filed by the parties. Though the Trial Court was pleased to decree the suit to an extent of 07 acres, 04 guntas of land, despite the claim has been made by the plaintiff to an extent of 09 acres, in the schedule property, the respondents herein are relinquishing their right, title and interest in respect of 01 acre, 36 guntas of land in - 6 - NC: 2025:KHC-D:6994 RSA No. 100735 of 2014 Sy.No.54/1+2/2 of Hoolikatti Village, Gokak Taluk, Belagavi District, described as ‘GHCD’ in the rough sketch appended to the compromise petition in favour of the appellant herein. In lieu of the same, the plaintiff/appellant has paid Rs.15 lakhs through Bankers cheque in favour of the respondents. The respondents present before the Court acknowledge the receipt of the Bankers cheque, and photocopies of the cheques are enclosed along with the compromise petition. 5. It is also submitted by the parties that, there is no force or coercion in entering into compromise petition and the parties have voluntarily settled the matter as per the terms and conditions mentioned in the compromise petition. In that view the matter, the compromise petition is accepted. The Judgment and decree passed by the courts below are hereby modified in terms of the compromise petition. - 7 - NC: 2025:KHC-D:6994 RSA No. 100735 of 2014 Accordingly, the Regular Second Appeal is disposed of in terms of the compromise petition. It is also made clear that, in view of the compromise entered into between the parties referred to above, the plaintiff has become absolute owner of the entire suit schedule property referred to above. Registry is directed to draw the compromise decree, accordingly. The terms and conditions referred to in the compromise petition including the sketch are the part of the decree. Sd/- (E.S.INDIRESH) JUDGE SB CT-MCK List No.: 1 Sl No.: 29