- 1 - HC-KAR NC: 2025:KHC-D:11236 RFA No. 100258 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100258 OF 2018 (PAR/POS) BETWEEN: 1. VIJAYENDRA S/O. PRALHAD PUJARI, AGE: 31 YEARS, OCC. AGRICULTURE, 2. SUYAYENDRA S/O. PRALHAD PUJARI, AGE: 29 YEARS, OCC. AGRICULTURE, 3. RAGHAVENDRA S/O. PRALHAD PUJARI, AGE: 27 YEARS, OCC. AGRICULTURE, 4. SMT.VASUNDHARA W/O. PRALHAD PUJARI, AGE: 56 YEARS, OCC. HOUSEHOLD WORK, ALL ARE R/O. GOTHE-587330, TQ. JAMAKHANDI, DIST. BAGALKOTE. …APPELLANTS (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. PRALHAD S/O. HANAMANTH PUJARI, AGE: 61 YEARS, OCC. SERVICE AND AGRICULTURE, 2. SHRISHAIL S/O. ALLAPPA MAIGUR, AGE:66 YEARS, OCC.AGRICULTURE, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.04 11:39:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11236 RFA No. 100258 of 2018 3. SMT.DANAMMA W/O BASAVARAJ HALLADMATH, AGE:36 YARS, OCC.HOUSEHOLD WORK, 4. KALLANAGOUDA @ RAJENDRA S/O. DADASAHEB PATIL, AGE:54 YEARS, OCC.AGRICULTURE, 5. SMT.LAXMIBAI W/O. SIDDAPPA BADIGER, AGE:49 YEARS, OCC.HOUSEHOLD WORK, 6. PATTU S/O. CHANDSAHEB ATTAR, AGE:44 YEARS, OCC. AGRICULTURE, 7. SMT.RAJESHWARI W/O. MAHADEV TATAGAR, AGE:51 YEARS, OCC. HOUSEHOLD WORK, 8. SMT.BEBI W/O. KASIMSAB PINJAR @ NADAF, AGE:46 YEARS, OCC. HOUSEHOLD WORK, 9. SMT.HASEENA W/O. SALEEM PINJAR @ NADAF, AGE: 56 YEARS, OCC. HOUSEHOLD WORK, 10. KALLAPPA S/O. NINGAPPA NINGANUR, AGE:48 YEARS, OCC.AGRICULTURE, ALL ARE R/O. GOTHE-587330, TQ.JAMAKHANDI, DIST.BAGALKOTE. …RESPONDENTS (BY SRI.GIRISH YADAWAD, ADVOCATE FOR R2 TO R5 AND R7 TO R9; R1, R6 AND R10-NOTICE SERVED) THIS RFA IS FILED UNDER SECTION 96 OF CPC.,AGAINST THE JUDGMENT AND DECREE DATED 22.03.2018 PASSED IN O.S.NO.99/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, JAMKHANDI, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11236 RFA No. 100258 of 2018 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellants and respondent No.2 are present before the Court personally and they are identified by their respective counsel. 2. The appellants and respondent No.2 have filed a compromise petition which reads as under: “The Appellants & Respondent No. 2 submits as under; 1. The above appeal is directed against the Judgment & Decree dated 22.03.2018 passed in OS No. 99/2012 on the file of the Principal Senior Civil Judge, Jamkhandi. 2. The Appellants / Plaintiffs had filed a suit for partition and separate possession against the Defendants / Respondents in OS No. 99/2012 on the file of the Principal Senior Civil Judge, Jamkhandi. Upon hearing parties to the suit, the Trial Court dismissed the suit. Hence, the present appeal has been filed. 3. It is submitted that, Appellant No. 4 is wife of Respondent No. 1 and Appellant No. 1 to 3 are their sons. The Suit Schedule "A" Properties were allotted the share of Respondent No. 1 in terms of family partition that took place on 10.08.1986 & 30.06.2002. The Respondent No. 1 has alienated the - 4 - HC-KAR NC: 2025:KHC-D:11236 RFA No. 100258 of 2018 Suit Schedule "A" Properties in favour of other Respondents. 4. At the intervention of the elders, well-wishers, the Appellants & Respondent No. 2 have amicably settled the dispute on following terms; a. In view of settlement arrived at between the parties, today the Respondent No. 2 has paid an amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) to the Appellants in Cash towards the litigation expenses. The Appellant admit the receipt of the said amount towards their full and final settlement of the claim in respect of the Suit Schedule "A" Properties. b. In view of the settlement arrived at between the parties, the Appellants & Respondent No. 2 admits that the Respondent No. 2 is owner in possession of the land bearing RS No. 9/5 measuring 4 Acres situated at Gothe Village, Jamakhandi Taluk, Bagalkote District and the Appellants submit that, they have no right, title or interest over the same. c. The Appellants submits that they have no right, title or interest over the Suit Schedule "A" Properties and admits said alienations in respect of the said lands in favour of other Respondents. 5. It is submitted that, in view of settlement arrived at between the Appellant & Respondent No. 2, the Appellants are admitting the title of the Respondents. Hence, the Respondent No. 1 & 3 to 10 have been not made as parties to the present compromise petition. 6. The Appellants and Respondent No. 2 submits that, the above compromise has been entered into between them without anybody's undue influence, - 5 - HC-KAR NC: 2025:KHC-D:11236 RFA No. 100258 of 2018 coercion, threat or force and the same is with free will and wish. WHEREFORE, the Appellants and Respondent No. 2 most respectfully pray that, the Judgment & Decree dated 22.03.2018 passed in OS No. 99/2012 on the file of the Principal Senior Civil Judge, Jamkhandi, may kindly be modified in terms of the above compromise, in the interest of justice and equity.” 3. The contents of the compromise petition are read over and explained to the parties in Kannada language, and they have accepted the terms and conditions of the compromise petition. 2. I have perused the contents of the compromise petition. 3. The compromise petition is taken on record. 4. There is no legal impediment in accepting the contents of the compromise petition, which are not against the public policy. 5. Accordingly, the appeal is disposed of in terms of the compromise petition. - 6 - HC-KAR NC: 2025:KHC-D:11236 RFA No. 100258 of 2018 6. The office is directed to draw the decree, in terms of the compromise petition. SD/- (ASHOK S. KINAGI) JUDGE NAA CT:PA LIST NO.: 1 SL NO.: 1