- 1 - NC: 2025:KHC-D:5030-DB RFA No. 100244 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO.100244 OF 2018 (PAR/POS) BETWEEN: 1. SMT. JANAVVA W/O. NINGAPPA KONIN AGE: 38 YEARS, OCC: AGRICULTURE, R/O: KATAKOL VILLAGE, TQ: RAMDURG, DIST: BELAGAVI-591211. 2. SMT. SHIDDAVVA W/O. VITTAL HORATTI AGE: 33 YEARS, OCC: AGRICULTURE, R/O: DUNDANATTI VILLAGE, TQ: GOKAK, DIST: BELAGAVI-591344. 3. SMT. DYAMAVVA @ NEELAVVA W/O. YALLAPPA BELAHAR, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: HEBBAL VILLAGE, TQ: NAVALGUND, DIST: DHARWAD-582208. 4. SMT. RUKMAVVA W/O. VITTAL MALED @ GIREPPAGOL, AGE: 29 YEARS, OCC: AGRICULTURE, R/O: MALADINI VILLAGE, TQ: GOKAK, DIST: BELAGAVI-591233. 5. SMT. UDDAVVA W/O. NINGAPPA GODI AGE: 63 YEARS, OCC: AGRICULTURE, R/O: CHUNCHANUR VILLAGE, TQ: RAMDURG, DIST: BELAGAVI-591114. …APPELLANTS (BY SRI. SHRIHARSH A.NEELOPANT, ADVOCATE) Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.02 16:03:36 +0530 - 2 - NC: 2025:KHC-D:5030-DB RFA No. 100244 of 2018 AND: 1. NINGAPPA S/O. APPANNA GODI AGE: 68 YEARS, OCC: AGRICULTURE, R/O: CHUNCHANUR VILLAGE, TQ: RAMDURG, DIST: BELAGAVI-591114. 2. MARUTI S/O. NINGAPPA GODI AGE: 29 YEARS, OCC: AGRICULTURE, R/O: CHUNCHANUR VILLAGE, TQ: RAMDURG, DIST: BELAGAVI-591114. 3. GANGAPPA S/O. NINGAPPA GODI AGE: 27 YEARS, OCC: AGRICULTURE, R/O: CHUNCHANUR VILLAGE, TQ: RAMDURG, DIST: BELAGAVI-591114. 4. SIDDAPPA S/O. NINGAPPA GODI AGE: 25 YEARS, OCC: AGRICULTURE, R/O: CHUNCHANUR VILLAGE, TQ: RAMDURG, DIST: BELAGAVI-591114. 5. SMT. DODDAVVA W/O. PUNDALIK VYAPARIGE AGE: 23 YEARS, OCC: AGRICULTURE, R/O: UPPARATTI VILLAGE, TQ: GOKAK, DIST: BELAGAVI-591233. 6. APPANNA S/O. NINGAPPA GODI AGE: 21 YEARS, OCC: AGRICULTURE, R/O: CHUNCHANUR VILLAGE, TQ: RAMDURG, DIST: BELAGAVI-591114. 7. SMT. KASHAVVA W/O. NINGAPPA GODI AGE: 48 YEARS, OCC: AGRICULTURE, R/O: CHUNCHANUR VILLAGE, TQ: RAMDURG, DIST: BELAGAVI-591114. 8. SMT. PARVATI W/O. BHIMAPPA CHANDARAGI AGE: 35 YEARS, OCC: AGRICULTURE, R/O: MELAVANKI VILLAGE, TQ: GOKAK, DIST: BELAGAVI-591307. …RESPONDENTS (BY SMT. P.G.NAIK, ADVOCATE FOR R1 TO R7; NOTICE TO R8 IS SERVED) - 3 - NC: 2025:KHC-D:5030-DB RFA No. 100244 of 2018 THIS RFA IS FILED UNDER SECTION 96 OF C.P.C., 1908, AGAINST THE JUDGMENT AND DECREE DATED 28.02.2018 PASSED IN O.S.NO.18/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE, RAMDURG, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL IS COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE ORDER IS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) Today, a joint compromise memorandum has been formally filed before this Hon’ble Court. As per the terms of the joint memorandum, the respondents have agreed to allocate a portion of cultivable land measuring 2 acres and 20 guntas in favor of the children born from the second marriage. The joint memorandum has been duly signed by appellants No.1 to 4, as well as respondents No.1, 2, 4, 5, and 7, signifying their mutual agreement and understanding regarding the partition of land. - 4 - NC: 2025:KHC-D:5030-DB RFA No. 100244 of 2018 2. Appellants No.1 to 4 are the biological children of Ningappa and Uddawwa. It is an undisputed fact that the marriage between Ningappa and Uddawwa is legally considered void. However, after extensive deliberations and discussions facilitated by the legal representatives of both parties, an amicable resolution has been successfully reached. Despite the fact that defendant No.6, Appanna, has not affixed his signature to the joint compromise memorandum, it is pertinent to note that the principal party involved in the matter, defendant No.1, Ningappa, who is the father of appellants No.1 to 4, has voluntarily agreed to relinquish 2 acres and 20 guntas of land from his total holding of 3 ½ acres. Given this, the court is of the considered opinion that the absence of signatures from certain other family members does not impede the validity or enforceability of the compromise agreement. 3. Furthermore, although defendants No.3 and No.6 have not signed the compromise memorandum, this Hon’ble Court is of the firm view that the compromise - 5 - NC: 2025:KHC-D:5030-DB RFA No. 100244 of 2018 remains legally tenable. The consent and willingness of defendant No.1, who is the natural father of appellants No.1 to 4, is sufficient to validate the agreement. It is also an established fact that defendant No.1 was previously allotted 3 ½ acres of land in a prior family partition, a fact that remains uncontested. Considering that defendant No.1 has explicitly agreed to transfer 2 acres and 20 guntas of his holding in favor of appellants No.1 to 4, the said transfer shall be effectuated during the final decree proceedings. 4. Accordingly, this appeal stands disposed of in accordance with the terms outlined in the joint memorandum of compromise. 5. In light of the compromise reached between appellants No.1 to 4 and defendant No.1, the judgment and decree previously rendered in O.S.No.18/2015 are hereby set aside. It is further clarified that the feasibility of implementing the partition and the formal allotment of 2 acres and 20 guntas of land in favor of appellants No.1 - 6 - NC: 2025:KHC-D:5030-DB RFA No. 100244 of 2018 to 4 shall be duly adjudicated in the final decree proceedings. 6. It is expressly noted that the final decree proceedings shall pertain exclusively to the portion of land held by defendant No.1, which amounts to 3 acres and 20 guntas. The division and distribution of the land in accordance with the compromise terms shall be duly worked out and finalized in Final decree proceedings. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE AM Ct:VH List No.: 1 Sl No.: 17