- 1 - HC-KAR NC: 2025:KHC-D:11489 RSA No. 100229 of 2021 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 08TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100229 OF 2021 BETWEEN: 1. SMT. LALITA S/O. BHIMASEN BADASAD AGE: 53 YEARS, OCC: AGRICULTURE, R/O: GANDIGWADI, TQ. KHANAPUR, DIST. BELAGAVI-593107. 2. SMT. MANJULA W/O. GUNDU NAMAGONDA AGE: 51 YEARS, OCC: AGRICULTURE, R/O: GANDIGWAD, TQ. KHANAPUR, DIST. BELAGAVI-593107. 3. SMT. INDU @ SHOBHA W/O. JINNAPPA CHANNAHOSUR, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. HALAGA, TQ AND DIST. BELAGAVI-593107. 4. SMT. SHOBHA W/O. DHARANENDRA MUKANNAVAR AGE: 43 YEARS, OCC: AGRICULTURE, R/O. CHIKKADINNAKOPPA, TQ . KHANAPUR, DIST BELAGAVI-593107. …APPELLANTS (BY SRI SANTOSH S. HATTIKATAGI, ADVOCATE.) AND: 1. SMT. SAVAKKA @ SAVITRI W/O. MAHAVEER PATIL AGE: 46 YEARS, OCC: AGRICULTURE, MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.09.11 10:35:53 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11489 RSA No. 100229 of 2021 R/O. HIREMUNAVALLI, TQ. KHANAPUR, DIST. BELAGAVI-593107. 2. SMT. SUREKHA W/O. BHARMA LAKHANGOUDAR AGE: 36 YEARS, OCC: AGRICULTURE, R/O. HAVAGI, TQ. HALIYAL, DIST. UTTAR KANNADA-593107. 3. SMT. GULABI W/O. RUDRAPPA KAGGODI AGE: 76 YEARS, OCC: AGRICULTURE, R/O. GANDIGWAD, TQ. KHANAPUR, DIST. BELAGAVI-593107. 4. SRI MALLAPPA S/O. RUDRAPPA KAGGODI AGE: 40 YEARS, OCC: AGRICULTURE, R/O. GANDIGWAD, TQ . KHANAPUR, DIST. BELAGAVI-593107. …RESPONDENTS (BY SRI GIRISH C. KATTIMANI, ADVOCATE.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 26.03.2021, PASSED IN R.A.NO.16/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KHANAPUR, BY DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 28.11.2014 PASSED IN O.S.NO.167/2012, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KHANAPUR, AND TO DISMISS THE SUIT FO THE PLAINTIFF, AND ETC.,. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11489 RSA No. 100229 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned counsel Sri Girish C. Kattimani, files fresh vakalat for respondent No.2 Smt.Surekha. The postal acknowledgement reveals that she has put her signature on postal acknowledgement. Hence, this vakalath is accepted. The same advocate has filed vakalat for respondent No.3 Smt.Gulabi, but the said Smt.Gulabi has not put signature on vakalath. Hence, the advocate is directed to file fresh vakalath for Smt.Gulabi. Fresh vakalath is filed on behalf of respondent No.3 Smt.Gulabi and the same is accepted. 2. Today all the parties along with their respective advocates are present before the Court. 3. Compromise petition is filed under Order 23 Rule 1 of CPC along with affidavit of Smt.Lalita, Smt.Manjula, Smt.Indu, Smt.Shobha, Smt.Savakka, Smt.Surekha, Smt.Gulabi and Sri Mallappa. 4. The contents of compromise petition are read over and explained to all the parties in the language known - 4 - HC-KAR NC: 2025:KHC-D:11489 RSA No. 100229 of 2021 to them i.e., in Kannada language. All the parties have accepted the terms of compromise as true and correct. Hence, the same is accepted as it is lawful and voluntary one. Hence, I proceed to pass the following: ORDER i) The compromise petition filed under Order 23 Rule 1 of CPC is hereby allowed. ii) The appeal is disposed of in terms of the compromise petition. iii) Draw decree in terms of the compromise petition. The compromise petition shall be part of the decree. iv) No order as to costs. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 31