- 1 - HC-KAR NC: 2025:KHC-D:9728 RFA No. 100176 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 04TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REGULAR FIRST APPEAL NO. 100176 OF 2015 (PAR) BETWEEN: 1. SMT. GIRIJAWWA W/O. CHANNABASAPPA SHADLAGERI, SINCE DECEASED R/BY HER LRS. 1(a) DANAPPA S/O CHANNABASAPPA SHEDLIGERI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O CHIKKANAKOPPA, TQ. KUKANOOR, DIST. KOPPAL. 1(b) SMT. PRAMILA W/O VIJAYAKUMAR DAMBAL, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O. MUNDARAGI, TQ. MUNDARAGI, DIST. GADAG. 1(c) BHEEMARADDI S/O CHANNABASAPPA SHEDLIGERI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O CHIKKANAKOPPA, TQ. KUKANOOR, DIST. KOPPAL. 1(d) SHARANAPPA S/O CHANNABASAPPA SHEDLIGERI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. CHIKKANAKOPPA, TQ. KUKANOOR, DIST. KOPPAL. …APPELLANTS (BY SRI B.V.SOMAPUR, ADV) AND: 1. DEVAWWA W/O CHANNAVEERGOUDA HALLI @ PATIL, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. HALAKERI, TQ: RON, DIST: GADAG. 2. SMT. ANNAWWA W/O. ANDAPPA RADDER, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. NO. ITAGI, TQ: RON, DIST: GADAG. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.22 12:55:35 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9728 RFA No. 100176 of 2015 3. ADIVEPPAGOUDA S/O. CHANNAVEERAGOUDA PATIL @ HALLI, AGE: 44 YEARS OCC: AGRICULTURE, R/O. HALAKERI, TQ: RON, DIST: GADAG. 4. ANDANAGOUDA S/O. CHANNAVEERAGOUDA HALLI AGE: 42 YEARS, OCC: AGRICULTURE R/O. HALAKERI, TQ: RON, DIST: GADAG. 5. SMT. DRAXAYANI W/O. ASHOK KAPATNAVAR AGE: 39 YEARS, OCC: HOUSEHOLD R/O. MUNDEWAD, TQ: MUNDARAGI DIST: GADAG. 6. ASHOK S/O. CHANNAVEERAGOUDA HALLI AGE: 37 YEARS, OCC: AGRICULTURE R/O. HALAKERI, TQ: RON, DIST: GADAG. 7. MALLIKARJUNA S/O. CHANNAVEERAGOUDA HALLI, AGE: 35 YEARS, OCC: AGRICULTURE R/O. HALAKERI, TQ: RON, DIST: GADAG. …RESPONDENTS (BY SRIYUTHS S.H. MITTALKOD AND VINAY S. KOUJALAGI, ADVS FOR R1, R2, R4 TO R7, SRI. H.N. GULARADDI, ADV FOR R3) THIS RFA IS FILED U/SEC.96 R/W ORDER 41 RULE 1 OF CPC, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, YELBURGA IN O.S.NO.4/2008, DATED 12.12.2012 AND SAID SUIT OF THE PLAITNIFF BE DECREED AS PRAYED IN THE PLAINT BY ALLOWING THIS APPEAL. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI - 3 - HC-KAR NC: 2025:KHC-D:9728 RFA No. 100176 of 2015 ORAL JUDGMENT 1. The legal representatives of the deceased appellant and the respondents are present before the Court and they are identified by their respective Counsil filed a Joint Memo dated 30.07.2025, which reads as follows : “ In the top noted case both the parties being the relatives have amicably settled the matter. The appellants have agreed to receive Rs.40,00,000/- (Rs. Forty Lakhs only) in lieu of their total claim involved in this appeal. The Respondents No.1,2 and 4 to 7 have agreed to pay the said amount to the appellants as per the settlement. The Respondent No.3 has accepted this settlement. The Respondent No.1,2 and 4 to 7 request two month accommodation for arranging the funds to be paid to the appellants in the event failure to pay the amount of Rs.40,00,000 within two months the respondents shall pay 10% interest thereon till realisation. ” - 4 - HC-KAR NC: 2025:KHC-D:9728 RFA No. 100176 of 2015 2. On perusal of the records, it is seen that the parties have appeared before the mediator and the mediator has submitted a report stating that the matter is settled before the mediation. 3. As per the Joint Memo (extracted supra) filed before the Court on 30.07.2025, the respondents have agreed to pay a sum of ₹40,00,000/- within two months. In default of payment of said sum, the respondents have agreed to pay the interest at the rate of 10% per annum from the date of default till realisation. 4. Learned counsel for the parties submits that it was agreed between the parties before the mediator that in default of payment of said sum, the respondents are liable to pay the interest at the rate of 10% per annum from the date of default till realisation. - 5 - HC-KAR NC: 2025:KHC-D:9728 RFA No. 100176 of 2015 5. Learned counsel for the parties submits that they may be permitted to include the said clause in the Joint Memo. 6. Submission is placed on record. Learned counsel for the parties are permitted to incorporate the said clause in the Joint Memo. 7. The Joint Memo is taken on record. 8. In view of the report submitted by the mediator, that the parties have settled the matter amicably, nothing survives for consideration in this appeal. 9. Accordingly, the appeal is disposed of in terms of the Joint Memo. Sd/- (ASHOK S. KINAGI) JUDGE RK CT: BSB List No.: 3 Sl No.: 1