- 1 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA REGULAR SECOND APPEAL NO. 505 OF 2004 (PAR) BETWEEN: 1. 1(a) BABA SAHEB S/O TAYA SAHEB PATIL SINCE DEAD BY HIS LR., SMT. AKKASAB, W/O BABASAHEB PATIL, AGE 68 YEARS, OCC: HOUSEHOLD, R.O SHEDBAL - 591 321,TQ ATHANI DIST BELAGAVI. NOTE: APPELLANTS NO.2, 4 AND RESPONDENT NO.5 ARE THE OTHER LRs OF THE DECEASED APPELLANT NO.1 THEY ARE ALREADY ON RECORD. 2. RAJU GOWDA S/O BABA SAHEB PATIL AGE: 46 YEARS, OCC: SERVICE AND AGRICULTURE R/O SHEDBAL - 591 321, TQ ATHANI , DIST BELGAUM 3. SMT. CHANDRATAI W/O BNARMAGOUDA PATIL MAJOR, OCC: HOUSEHOLD R/O SHEDBALTQ ATHANI DIST BELGAUM DEAD BY HER LRs IS ALREADY ON RECORD AS APPELLANT NO.1(a) NOTE MADE IN THE CAUSE TITLE AS PER ORDER DATED 23.08.2024 PASSED IN I.A.NO.1/24 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 4. TATYASAHEB S/O BABASAHEB PATIL, AGE: 53 YEARS OCC: AGRICULTURE R/O SHEDBAL- 591 321, TQ ATHANI, DIST BELGAUM. …APPELLANTS (BY SRI. RAVI BALIKAI, ADVOCATE FOR A1(a), R2 & R4) AND: 1. SMT. SHANTAKKA W/O HONAGOUDA PATILAGE: 62 YEARS, OCC: HOUSEHOLD R/O NASALAPUR - 591 224, TQ RAIBAG, DIST BELGAUM 2. SMT. HOUSAKKA W/O MAHAVEER PATIL, MAJOR OCC: HOUSEHOLD, R/O SAINA, SHIVAJI NAGAR, SANGLI - 416 416. (MAHARASTRA) 3. 4. 5. 6. SMT. CHAMPAKKA W/O MAHAVEER PATIL, AGE: MAJOR, OCC: HOUSEHOLD, R/O SHEDBAL, TQ ATHANI, DIST BELGAUM. RAMU BABU MANGALE, AGE: MAJOR, OCC: AGRICULTURE, R/O SHEDBAL - 591 321, TAL: ATHANI, DIST: BELGAUM, SMT. SHASHIKALA, W/O NEMAGONDA PATIL, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, T/O MAHISHAL - 416 324, TAL: MIRAJ, DIST SANGLI (MAHARASTRA) MADHUGOUDA PATIL S/O BHARAMAGOUDA PATIL, AGE: 67 YEARS, R/O HALINGALI, TAL: RABKAVI - BANAHATTI, DIST: BAGALKOT. (CAUSE TITLE AMENDED AS PER ORDER DTD. 28.08.2024) - 3 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 …RESPONDENTS (BY SRI. V.P. KULKARNI, ADVOCATE FOR R1-R3,; SRI. RAVI S. BALIKAI, ADVOCATE FOR R4; SRI. GODE NAGARAJA, ADVOCATE FOR R5) THIS APPEAL IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 19.02.2004 PASSED IN R.A.NO 39/2000 ON THE FILE OF THE II ADDL. DISTRICT JUDGE, BELGAUM, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 22.2.2000 PASSED IN O.S. NO.84/1988 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) & ASST. SESSIONS JUDGE, ATHANI. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL JUDGMENT (PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA) RSA Nos.505/2004 and 355/2005 are taken up together, however, separate orders have been passed. 2. In RSA No.505/2004, compromise petition is filed under Order XXIII Rule 3 of CPC by the appellants Nos.1(a), 2, and 4 and respondent Nos.1 to 3, 5 and 6. By a motion made by the learned counsel for the respondents, this Court directed the registry of the Dharwad Bench to make necessary arrangements by way of video conferencing as the appellants and respondents - 4 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 are residing at Belagavi which comes within the jurisdiction of Dharwad Bench. Pursuant to the direction issued by this Court, necessary arrangements have been made by the registry of the Dharwad Bench and appellant Nos.(a), 2 and 4, respondents Nos.1 to 3, 5 and 6 are present through video conferencing, duly identified by their respective advocates. 3. Sri Ravi S. Balikai, learned counsel appearing for the appellants appears through video conferencing and the colleague of Sri V.P. Kulkarni is present through video conferencing. 4. Learned counsel for the respondents - Sri V.P. Kulkarni is present in person before this Court. 5. The terms of the compromise reads as under: "4(a) It is submitted that Smt. Chandra Bai, the Appellant No. 3 herein has filed a suit in O.S. No. 81/1989 against the Respondents No. 1 to 3 and 6 and others for partition and separate possession in respect of the lands in (1) Sy. No. 8/8 measuring 03A-02Gs., (2) Sy. No. 8/29A measuring 01A-27Gs., (3) Sy. No. 123/3 measuring 03A-30Gs. and other properties situated at - 5 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 Halingali village. The Respondents No. 4 and 5 herein are not parties to the said suit filed by Smt. Chandra Bai. In the said suit, Smt. Chandra Bai the Appellant No. 3, and Respondents No. 1 to 3 and 6 have entered into a Compromise in F.D.P. No. 4 / 2002 on the file of Civil Judge and J.M.F.C. at Banahatti and the above said three lands have been allotted to the share of Smt. Chandra Bai (Appellant No. 3 herein) and the Respondents No. 1 to 3 and 6 herein do hereby acknowledge the right, title, interest and possession of the Appellant No. 3 Smt. Chandra Bai herein in respect of the above said lands as per the Compromise Decree passed in the above said F.D.P. No. 4 / 2002 between the above said parties. 4(b) The parties herein have agreed that the suit lands bearing item No. 1(a) i.e. Sy. No. 450/1-A measuring 15A-20Gs., item No. 1(b) i.e. Sy. No.454/1B (now numbered as Sy. No. 454/2) measuring 03A-02Gs. and item No. 1(c) Sy. No. 330/3 measuring 07A-14Gs. and item No. 1 (d) the house bearing P.P.C. No. 532 of Shedbal Village have been allotted to the share of the Appellant No. 1(a) Smt. Akkasab. Babasaheb. Patil, Appellant No. 2 Rajagouda S/o. Babasaheb Patil and Appellant No. 4 Tatysaheb. Babasaheb. Patil and Respondent No. 5, Smt. Shashikala. W/o. Nemagouda. Patil herein and all these persons have been in possession and enjoyment of these properties as lawful owners. The Respondents No. 1 to 3 and 6 herein do not have any right, title and interest in the above said properties and they would undertake not to disturb the possession and enjoyment of the Appellants in respect of the above said properties. - 6 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 4(c) The parties herein have agreed that the lands bearing Sy. No. 123/3 measuring 03A-30Gs. and Sy. No. 8/8 measuring 03A-02Gs. situated in Halingali village i.e. suit schedule item Nos. 1(e) and 1(f) properties as shown in the plaint have been allotted to the shares of the Respondents No. 1 to 3 and Respondent No. 6. The Appellants No. 1 (a), 2 and 4 and Respondent No. 5 herein have relinquished their right, title and interest over these lands and they have delivered the possession of the land, suit item No. 1(e) i.e. Sy. No. 123/3 measuring 03A-30Gs., shown in the plaint to the Respondents No. 1 to 3 and 6. 4(d) It is further agreed by both the parties that the above said lands which have been allotted to the share of the Respondents No. 1 to 3 and 6 are having higher value than the lands allotted to the share of the Appellants No. 1(a), 2 and 4 and Respondent No. 5 herein, the Respondents No. 1 to 3/ Plaintiffs having made a claim of 1/4th share in the suit schedule properties. In order to adjust the value of the shares of the parties, the Respondents No. 1 to 3 and 6 herein have agreed to pay a total sum of Rs. 31,00,000/-(Rupees Thirty One Lakhs only) to the Appellants 1(a), 2 and 4 and Respondent No. 5 towards the adjustment of value of their share. The Respondents No. 1 to 3 and 6 herein have paid a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) today to the Appellants 1(a), 2 and 4 and Respondent No. 5 by A/c. Payee D.D. bearing No. 502142 dt. 11.02.2025 drawn on ICICI Bank Ltd., Terdal Br., drawn in favour of the Appellant No. 1 (a) and its copy is produced herewith. The Respondents No. 1 to 3 and 6 do hereby agree and undertake to pay the above said balance amount of Rs. 26,00,000/- (Rupees Twenty Six Lakhs only) within a period of 4 - 7 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 months from today by remitting the said amount of Rs. 26,00,000/- to the Bank Account of the Appellant No. 1 (a) Smt. Akkasab. Babasaheb. Patil, and the A/c. No. is 5848101003201 in Canara Bank, Kagawad Branch, Dist Belagavi and the IFSC code is CNRB0005848. It is further hereby agreed by both the parties that if the Respondents No. 1 to 3 and 6 do not pay the amount of Rs. 26,00,000/- within the said period of 4 months from today by remitting the said amount by RTGS as aforesaid, it is specifically agreed and made clear that the land bearing Sy. No. 8/8 measuring 03A-02Gs. of Halingali village, which has been allotted to the share of the Respondents No. 1 to 3 and 6 will get cancelled automatically and the said land would fall to the share of the Appellants No.1(a), 2 and 4, and in that event the amount of Rs. 5,00,000/- (Rupees Five Lakhs only) that has been received by the Appellants No.1 (a), 2 and 4 and Respondent No. 5 would be refunded by the Appellants No.1 (a), 2 and 4 and Respondent No. 5 to the Respondent No. 6. It is further agreed by both the parties that the Appellants No. 1 (a), 2 and 4 and Respondent No.5 will deliver the possession of the said land bearing Sy. No.8/8 measuring 03A-02Gs. of Halingali village, to the Respondents No.1 to 3 and 6 immediately after the receipt of the above referred balance amount of Rs. 26,00,000/- (Rupees Twenty Six Lakhs only) from the Respondents No. 1 to 3 and 6. 4(e) It is further agreed by both the parties that the lands which have been allotted to the share of Respondents No. 1 to 3 and 6 i.e. Sy. No. 123/3 measuring 03A- 30Gs. and Sy. No. 8/8 measuring 03A-02Gs. have been got partitioned by the Respondents No. 1 to 3 and 6 herein and they have agreed that out of total - 8 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 land of 06A-32Gs., a portion of 05 Acres of the land has been allotted to the share of the Respondents No.1 to 3 and the remaining extent of 01A-32Gs. land is allotted to the share of the Respondent No. 6. It is further agreed by Respondents No. 1 to 3 and 6 that in the event the amount of Rs. 31,00,000/- (Rupees Thirty One Lakhs only) as agreed between the parties is not paid to the Appellants No. 1 (a), 2 and 4 and Respondent No.5 on or before FOUR months from today, then the Respondent No.6 will not get any share in the remaining land in question i.e. Sy. No. 123/3 measuring 03A-30Gs. of Halingali village. 4(f) The Respondents No. 1 to 3 and 6 do herein submit that Sy. No. 8/29 (A) measuring 01A-17Gs. of Halingali village, is not the subject matter of the present suit and the Appellants No. 1 (a), 2 and 4 are the absolute owners with possession of the said land and these Respondents No. 1 to 3 and 6 herein have no right, title and interest in the said land. 4(g) It is further agreed by both the parties that the Respondents No. 1 to 3/ Plaintiffs No.1 to 3 are the daughters of late Smt. Sumitra who was the daughter of the propositous late Tatyagouda Patil and it is hereby agreed that in the earlier family partition, the land bearing Sy. No. 335/1 measuring 09A-06Gs. of Shedbal village, is given to the share of late Smt. Sumitra who is the mother of the Plaintiffs herein long back prior to 1969. The parties herein do hereby acknowledge the right, title and interest of the Plaintiffs and late Smt. Sumitra over the above said land. - 9 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 4(h) It is hereby agreed by the Appellants No.1 (a), 2 and 4 and the Respondents No. 1 to 3 and 6 that they have agreed to get the Compromise Decree passed in this case registered in the office of the Jurisdictional Sub- Register after the payment of the entire amount of Rs. 31,00,000/- (Rupees Thirty One Lakhs only) to the Appellants No. 1 (a), 2 and 4 and Respondent No. 5. It is hereby agreed by both the parties that they would appear and present the Compromise Decree passed in the above case for registration before the Sub- Registrar. In the event any of the parties fail to appear before the Sub-Registrar for registration purpose within 15 days from the date of receipt of the Compromise Decree passed in the above case, the parties herein are liberty to file necessary application before this Hon'ble Court and seek appointment of Court Commissioner to do all the necessary acts for the purpose of registration of the Compromise Decree. It is also agreed by both the parties that the registration expenses if any, for the registration of the Compromise Decree would be borne by the Respondents No. 1 to 3 / Plaintiffs herein and Respondent No. 6. 4(j) It is hereby agreed by the Appellants No. 1 (a), 2 and 4 and Respondent No. 5 and the Respondents No. 1 to 3 and 6 that in the light of the Compromise arrived by the parties all of them would hereby agree and admit that the Respondent No. 4 / Defendant No. 4 has become the absolute owner of the Item No. 2 of the suit land i.e. Sy. No. 454/1B measuring 03A-02Gs. of Shedbal village, Tal: Athani, Dist Belagavi, and they would pray that the findings recorded on Issue No. 9 by the Trial Court and the I Appellate Court be modified and Sale Deed executed in favour of the - 10 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 Respondent No. 4 by the Respondent No. 2 be held as valid and legal. 4(k) It is hereby agreed by the Appellants and the Respondents No. 1 to 3 and 5 and 6 that in the light of the above said Compromise arrived at by the parties, the Respondent No.6, Madhugouda @Madhavarao Bharamagouda Patil, do hereby agree and undertakes to withdraw the suit bearing O.S. No. 160 / 2024 filed by him before the Senior Civil Judge & J.M.F.C. Banahatti against the Appellant No.1 (a) praying for Declaration, Partition and Separate Possession by filing necessary Application / Memo reporting the above said Compromise. The Respondent No. 6 do hereby undertakes to withdraw the above said suit O.S. No. 160 / 2024 on the next hearing date immediately as per this Compromise without fail. In the event the Respondent No. 6 fails to take necessary steps for withdrawal of the suit as stated above, the Appellant No. 1 (a) who is the sole Defendant in the said suit O.S. No. 160 / 2024 is at liberty to produce the Judgment passed by this Hon'ble Court in the above Appeal and pray for dismissal of the said suit O.S. No. 160/2024 by the Hon'ble Senior Civil Judge & J.M.F.C. Banahatti. 4(l) It is hereby agreed by the Appellants and the Respondents No. 1 to 3 and 5 and 6 that they would abide by the above said terms of the Compromise Petition and they would Co-operate and lend their signatures to each other if necessary to get their names entered in the R.T.C. Extracts of the respective lands. - 11 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 4(m) It is hereby agreed and admitted by the Appellants No. 1 (a), 2 and 4 and the Respondents No. 1 to 3 and 5 and 6 that in view of the above said compromise arrived at between themselves they would not have further claims against each other henceforth. The Respondents No. 1 to 3/ Plaintiffs No. 1 to 3 have filed F.D.P. No.04/2016 before the Senior Civil Judge, Athani, and the Respondents No.1 to 3/Plaintiffs No.1 to 3 do hereby undertake that they will file necessary application for withdrawal of the said F.D.P. in view of the above said compromise and the passing of the Final Decree by this Hon'ble Court. 4(n) The Appellants No. 1 (a), 2 and 4 and the Respondents No.1 to 3 and 5 and 6 do hereby state that the interest of the Respondent No. 4 /Defendant No. 5 is not affected in any manner by the above said compromise and hence he is not made a party to the above said compromise. 4(o) That the Appellants No. 1(a), 2 and 4 and the Respondents No. 1 to 3 and 5 and 6 have entered into this compromise with full knowledge voluntarily and out of their free will after understanding the terms of compromise." 6. When a query made by this Court to the appellant Nos.1[a], 2 and 4 and respondent Nos.1 to 3, 5 and 6 who are appearing through video conferencing, they acknowledge entering into the compromise voluntarily and - 12 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 out of free will, understanding the terms of the compromise. 7. In terms of the compromise, at paragraph 4[c], the parties have agreed that Sy. No.123/3 measuring 3 acres 30 guntas and Sy. No.8/8 measuring 3 acres 2 guntas both situated at Halingali Village which are incorporated as item Nos.1[e] and 1[f], would be allotted to the share of respondent Nos.1, 2, 3 and 6 and appellant Nos.1[a], 2, 4 and respondent No.5 herein have relinquished their right, title and interest over the lands. At clause 4[d], it is stated that respondents Nos.1 to 3 and 6 herein have agreed to pay a total sum of Rs.31,00,000/- (Rupees Thirty One Lakhs only) to appellant Nos.1[a], 2, 4 and respondent No.5 towards the adjustment of value of their share. Further, respondent Nos.1 to 3 and 6 have paid a sum of Rs.5,00,000/- (Rupees Five Lakhs only) through a demand draft bearing No.502142 dated 11.02.2025 to the appellant Nos.1[a), 2, 4 and respondent No.5. It is further agreed by respondent Nos.1 to 3 and 6 to pay the balance amount of Rs.26,00,000/- (Rupees - 13 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 Twenty Six Lakhs only) within a period of four months from the date of compromise. 8. Further, at Clause No.4(d), it is stated that in the event, respondent Nos.1 to 3 and 6 failed to pay the amount of Rs.26,00,000/- within four months from the date as agreed, the land bearing Sy. No.8/8 measuring 3 acres 3 guntas, item No.1(f) allotted to the share of the respondent Nos.1 to 3 and 6 would be automatically cancelled. 9. The compromise petition is taken on record which forms part and parcel of this order. 10. Regular second appeal stands disposed of in terms of the compromise. Registry to draw the decree accordingly. 11. This Court places on record the full appreciation for rendering effective assistance and discharging their role as Officers of the Court by Sri Ravi Balikai along with Sri Vineet R. Balikai and Sri V.P. Kulkarni along with Sri Rahul - 14 - NC: 2025:KHC-D:3108 RSA No. 505 of 2004 Kunthoji, learned counsel and the Additional Registrar Judicial of Dharwad Bench for arranging video conference placed on record. In view of disposal of the aforesaid appeal, pending interlocutory applications would not survive for consideration. Sd/- ________________________ JUSTICE K.S. HEMALEKHA AN List No.: 19 Sl No.: 1