- 1 - NC: 2025:KHC-D:1201 RSA No. 5698 of 2010 C/W RSA No. 5697 of 2010 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 5698 OF 2010 (DEC/INJ-) C/W REGULAR SECOND APPEAL NO. 5697 OF 2010 IN RSA NO.5698/2010 BETWEEN: SHIVALINGAYYA, A/F MURIGEYYA HIREMATH, AGE: 19 YEARS, OCC: STUDENT, R/O. MANTORDI, TQ: SAVANUR, DIST: HAVERI 3 560241. &APPELLANT (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: SMT. CHAMPAVVA W/O. NAGAYYA HIREMATH, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. SHIGLI, TQ: SHIRAHATTI, DIST: GADAG. &RESPONDENT (BY SRI. M.T.BANGI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.04.2010 PASSED BY PRINCIPAL CIVIL JUDGE (SR.DV), HAVERI IN R.A. 72/07 BY CONFIRMING THE JUDGMENT AND DECREE DATED 29.06.2007 PASSED BY CIVIL JUDGE (JR.DN.) & JMFC., SAVANUR IN O.S.NO.115/2006 BY ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE. V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.28 11:21:01 +0530 - 2 - NC: 2025:KHC-D:1201 RSA No. 5698 of 2010 C/W RSA No. 5697 of 2010 IN RSA NO.5697/2010 BETWEEN: SHIVALINGAYYA, A/F MURIGEYYA HIREMATH, AGE: 19 YEARS, OCC: STUDENT, R/O. MANTORDI, TQ: SAVANUR, DIST: HAVERI 3 581118. &APPELLANT (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: SMT. CHAMPAVVA W/O. NAGAYYA HIREMATH, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O. SHIGLI, TQ: SHIRAHATTI, DIST: GADAG 3 582101. &RESPONDENT (BY SRI. M.T.BANGI, ADVOCATE) ------- THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.04.2010 PASSED BY PRINCIPAL CIVIL JUDGE (SR.DV), HAVERI IN R.A.74/07 BY REVERSING THE JUDGMENT AND DECREE DATED 29.06.2007 PASSED BY CIVIL JUDGE (JR.DN.) & JMFC., SAVANUR IN O.S.NO.115/2006 BY ALLOWING THE APPEAL IN THE INTEREST OF JUSTICE. THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:1201 RSA No. 5698 of 2010 C/W RSA No. 5697 of 2010 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT 1. These appeals are arising out of judgment and decree dated 22.04.2010 in R.A.No.74/2007 and R.A.No.72/2007 on the file of the Principal Senior Civil Judge, Haveri dismissing R.A.No.72/2007 and allowing R.A.No.74/2007, interfering with issue No.1 in O.S.No.115/2006 of the judgment and decree dated 29.06.2007 on the file of the Civil Judge (Jr.Dn.) and JMFC, Savanur dismissing the suit. 2. It is submitted by the learned counsel for the parties that, pursuant to filing of the petition, at the intervention of the well-wishers and elders, the parties have resolved to settle the dispute as per the compromise petition filed under Order 23 Rule 3 of CPC. 3. Compromise petition is filed before this Court. The parties are presented before the Court and submitted - 4 - NC: 2025:KHC-D:1201 RSA No. 5698 of 2010 C/W RSA No. 5697 of 2010 that they have resolved the dispute as per the averments made in the application filed in the compromise petition. 4. It is also submitted by the parties that there is no force or undue influence to enter into the compromise petition and accordingly the compromise petition is accepted. The judgment and decree passed by both the Courts below are hereby modified in terms of the compromise petition. Registry is directed to draw decree in terms of the compromise petition. Accordingly, the appeals are disposed of. Sd/- (E.S.INDIRESH) JUDGE SH List No.: 1 Sl No.: 46