- 1 - NC: 2025:KHC-D:2608-DB RFA No. 100342 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO.100342 OF 2020 (PAR/POS) BETWEEN: SHIVU S/O NARAYAN NAIK AGE: 79 YEARS, OCC: AGRICULTURIST & PENSIONER, R/O: NEAR MAHADEV TEMPLE, KADWAD, KARWAR, DIST: UTTARA KANNADA-581301. …APPELLANT (BY SRI. GIRISH A YADAWAD, ADV) AND: LAXMAN S/O GOVIND NAIK (UFM) AGE: 55 YEARS, OCC: SERVICE, R/O: NEAR MAHADEV TEMPLE, KADWAD, KARWAR, DIST: UTTARA KANNADA-581301. …RESPONDENT (BY SRI. J.S.SHETTY, ADV) THIS RFA IS FILED UNDER SEC. 96(1) R/W ORDER XLI RULE 1 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 22.11.2019 PASSED IN O.S.NO.2/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, KARWAR, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2608-DB RFA No. 100342 of 2020 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellant and the respondent are present. They are identified by their respective counsels. The appellant and the respondent filed a compromise petition which reads as under : 1. The appellant has preferred the top noted appeal challenging the judgment and decree dated 22.11.2019 passed in OS No. 02/2017 by the Addl. Senior Civil Judge, Karwar. 2. During pendency of the top noted appeal, at the intervention of the elders and well-wishers of the family, the parties have amicably settled their dispute on the following terms and conditions; 3. The respondent/defendant has agreed to give an extent of 4 gunthas of land on the Eastern Side of the suit schedule Item No. 1 property bearing Sy. No. 53 measuring 17 gunthas including 1 guntha kharab land situated at Kadwad village, Kinnar Hobli, Karwar Taluk towards full and final settlement of the claim of the appellant/plaintiff. The said 4 gunthas of land includes the house bearing No. 186 wherein the appellant and his family members are presently residing and also a well situated within the said area. 4. The appellant/plaintiff has agreed that he will not make any further claim against the respondent/defendant or his family members and that the respondent/defendant is entitled to deal with the remaining portion of the suit Item No. 1 and the suit Item No. 2 in any manner he likes. - 3 - NC: 2025:KHC-D:2608-DB RFA No. 100342 of 2020 5. The parties have also agreed to co-operate with each other for effecting sub-division of suit Item No. 1 as stated above and also to mutate their respective names in the property records, accordingly. 6. A hand sketch map is appended to this compromise petition indicating the location of 4 gunthas of land allotted to the appellant marked by letters ABCD. The same may be treated as a part of this compromise petition. Wherefore, both the parties herein pray that this Hon'ble court may be pleased to dispose of the top noted appeal in terms of this compromise petition, in the interest of justice and equity. 2. The contents of the Compromise Petition is read over and explained to the appellant and the respondent. They have accepted the terms and conditions mentioned in the Compromise Petition. The Compromise Petition is placed on record. The appeal is disposed of in terms of the Compromise Petition. Office is directed to draw final decree in terms of the Compromise Petition. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE rs CT: BSB/List No.: 1 Sl No.: 15