- 1 - HC-KAR NC: 2025:KHC-D:11490 RSA No. 100828 of 2016 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100828 OF 2016 (PAR) BETWEEN: 1. SMT. GANGAVVA W/O. YALLAPPA MUDAGURI, AGE ABOUT 56 YEARS, OCC: AGRICULTURE, R/AT: KURBAR ONI, UNKAL, HUBBALLI-580031, DIST: DHARWAD. 2. KALLAPPA S/O. YALLAPPA MUDAGURI, AGE: 36 YEARS, OCC: AGRICULTURE, R/AT: KURBAR ONI, UNKAL, HUBBALLI-580031, DIST: DHARWAD. 3. SMT. MAHADEVI W/O. PRAKASH AIJAL, AGE: 32 YEARS, OCC: AGRICULTURE, R/AT: SUTTAGATTI, HUBBALLI-580020, DIST: DHARWAD. 4. SMT. MANJAVVA W/O. MARUTI AIJAL, AGE: 30 YEARS, OCC: AGRICULTURE, R/AT: SUTTAGATTI, HUBBALLI-580020, DIST: DHARWAD. 5. SMT. BASAVVA W/O. ARJUN KELGADE, AGE: 28 YEARS, OCC: AGRICULTURE, R/AT: KURBAR ONI, UNKAL, HUBBALLI-580031, DIST: DHARWAD. …APPELLANTS (BY SRI. GOURISHANKAR H. MOT, ADVOCATE) Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.11 16:12:51 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11490 RSA No. 100828 of 2016 AND: 1. SMT. YALLAVVA W/O. MALAPPA BEERAPPANAVAR, AGE ABOUT 60 YEARS, OCC: AGRICULTURE, R/AT: KYALKOND, TALUK: SHIGGAON-581126, DIST: HAVERI. 2. BHARMAVVA W/O. VITTAPPA MUDAGURI SINCE DECEASED BY LRS I.E. RESPONDENT NO.1 AND 3, APPELLANT NO. 1 TO 5 AS PER ORDER DATED 08.09.2025. 3. SMT. KARIYAVVA W/O. HANUMANTAPA M., AGE: 59 YEARS, OCC: AGRICULTURE, R/AT: KURBAR ONI, UNKAL, HUBBALLI-580031, DIST: DHARWAD. …RESPONDENTS (BY SRI. HARINKUMAR J. PATEL, ADVOCATE FOR R1; R3-SERVICE HELD SUFFICIENT; R2-DECEASED) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.08.2016 PARTLY ALLOWING THE R.A. NO.281/2015 PASSED BY THE LEARNED I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBALLI CONFIRMING THE JUDGMENT AND DECREE DATED 30.10.2015 DECREEING PARTLY ORIGINAL SUIT NO.330/2012 PASSED BY THE LEARNED I ADDL. SENIOR CIVIL JUDGE, HUBBALLI AND DISMISS ORIGINAL SUIT NO.330/2012 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE, HUBBALLI BY ALLOWING THIS APPEAL WITH COST THROUGHOUT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11490 RSA No. 100828 of 2016 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. Case is called out. 2. Learned counsel for appellants present. 3. Sri.Hirankumar J. Patel, learned counsel, files vakalat for respondent No.1- Yallavva W/o. Malappa Beerappanavar. The Death Certificate of respondent No.2- Barmavva W/o.Vitappa Mudaguri, who died on 02.08.2018 is produced. 4. Memo is filed by the learned counsel for the respondents stating that respondent No.2, Smt. Barmavva Vitappa Muduguri, has expired, and her legal representatives are already on record, as respondent Nos.1 and 3 and appellant Nos.1 to 5. 5. The memo is placed on record. 6. Respondent Nos.1 and 3 and appellant Nos.1 to 5 are considered as the legal representatives of the deceased. - 4 - HC-KAR NC: 2025:KHC-D:11490 RSA No. 100828 of 2016 7. It is submitted that the notice issued to respondent No.3 returned with a postal shara “Unclaimed.” Respondent No.3 was called out in the open Court, but he remained absent and unrepresented. Hence, service of notice on respondent No.3 is held sufficient. 8. A joint compromise petition is filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, by the appellants and respondent No.1. The contents of the compromise petition were read over and explained to both parties in a language known to them. Respondent No.1 – Smt. Yallavva W/o Mallappa Beerappanavar, who is present before this Court, has relinquished her share, including the share of her deceased mother which had fallen to her, by receiving one tola of gold and Rs.15,00,000/- by way of three cheques mentioned in the compromise petition. Today, the cheques were handed over to respondent No.1. The parties have agreed to the terms and conditions of the compromise petition, and since it is lawful and voluntary, the same is accepted. - 5 - HC-KAR NC: 2025:KHC-D:11490 RSA No. 100828 of 2016 9. Learned counsel for the appellants has also filed a memo stating that the appellants are withdrawing the appeal as not pressed insofar as appellant Nos.1, 3 to 5 are concerned. 10. In view of the memo, the appeal stands dismissed as withdrawn in respect of appellant Nos.1, 3 to 5. Accordingly, I proceed to pass the following: ORDER i. The joint compromise petition filed by the appellants and respondent No.1 is allowed. ii. Draw decree accordingly. The compromise petition shall form part of the decree. iii. It is made clear that this compromise petition, being between appellant No.2 – Kallavva and respondent No.1 – Smt. Yallavva W/o Mallappa Beerappanavar, shall not affect the rights of appellant Nos.1, 3 to 5 and respondent No.3. Sd/- (G BASAVARAJA) JUDGE AC LIST NO.: 1 SL NO.: 3