- 1 - NC: 2025:KHC-D:6666 RSA No. 6006 of 2010 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 6006 OF 2010 (SP-) BETWEEN: SRI. R. NAGARAJ S/O. LATE R. VIRUPAKSHAPPA, AGED ABOUT 51 YEARS, R/O. PLOT NO.4, KIRTHI NAGAR, SHIMOGA-560012. …APPELLANT (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: SMT. D.K. VANI, W/O. KOTRAGOUDA, AGE: 39 YEARS, R/O. NO.59-D/2, 3RD ROAD, PARVATHI NAGAR, BELLARY-570108. …RESPONDENT (BY SRI. AKSHAY MATAWALE, ADVOCATE) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT & DECREE DATED 02-08-2010 IN R.A.NO.02/2010 PASSED BY THE COURT OF PRINCIPAL DISTRICT JUDGE AT BELLARY REVERSING THE JUDGMENT AND DECREE DATED 11-11-2009 IN O.S.NO.357/2006 PASSED BY THE COURT OF I ADDITIONAL CIVIL JUDGE (SR.DN) BELLARY AND ALLOW REGULAR SECOND APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6666 RSA No. 6006 of 2010 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This appeal is preferred by the defendant assailing the judgment and decree dated 02.08.2010 in RA No.2/2010 on the file of Principal District Judge at Bellary, allowing the appeal and setting aside the judgment and decree dated 11.11.2009 in OS No.357/2006 on the file of I Additional Civil Judge (Sr.Dn.) Bellary, decreeing the suit of the plaintiff. 2. It is submitted by the learned counsel appearing for the parties that, the parties to the suit have entered into compromise and as such, they are filing application under Order 23 Rule 3 of CPC. 3. Parties are present before the Court and submitted that, they have settled the matter in terms of the compromise petition filed before the Court. 4. Accepting the submission made by the learned counsel appearing for the parties and as the parties have - 3 - NC: 2025:KHC-D:6666 RSA No. 6006 of 2010 submitted that, there is no force or compulsion in entering into the compromise petition, I am of the view that, the compromise petition is accepted and judgment and decree passed by both the Courts below are modified in terms of the compromise petition filed by the parties. 5. In the result, the appeal is disposed off. Sd/- (E.S.INDIRESH) JUDGE SMM CT-MCK List No.: 4 Sl No.: 1