- 1 - NC: 2025:KHC-D:6668 RSA No. 5881 of 2012 C/W RSA No. 100511 of 2019 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. 5881 OF 2012 (RES-) C/W REGULAR SECOND APPEAL NO. 100511 OF 2019 IN R.S.A. NO. 5881/2012 (RES-) BETWEEN: SRI. GANDHI S/O. RAMACHANDRAPPA PAWAR, AGE: 37 YEARS, OCC: BUSINESS, R/O. OLD BUS STAND, SHIGGAON-581205, TQ: SHIGGAON, DIST: HAVERI. …APPELLANT (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: SRI. PARASPPA S/O. PUTTAPPA GOULI, SINCE DECEASED BY HIS LR’S. 1. SMT. RATNAVVA W/O. PARASAPPA GOULI, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. OLD BUS STAND, SHIGGAON-581205, TQ: SHIGGAON, DIST: HAVERI. 2. SRI. UMESH S/O. PARASAPPA GOULI , AGE: 37 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O. OLD BUS STAND, SHIGGAON-581205, TQ: SHIGGAON, DIST: HAVERI. 3. SMT. RENUKA W/O. MANJUNATH, SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:6668 RSA No. 5881 of 2012 C/W RSA No. 100511 of 2019 AGE: 34 YEARS, OCC: HOUSEHOLD, R/O. HARIHAR-577601, TQ: HARIHAR, DIST: HAVERI. 4. SMT. NAGAVENI @ NETRAVATHI W/O. NAGARAJ ALUR, AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. SHIGGAON-581205, TQ: SHIGGAON, DIST: HAVERI. 5. KUMARI. PUSHPA D/O. PARASAPPA GOULI, AGE: 29 YEARS, OCC: STUDENT, R/O. OLD BUS STAND, SHIGGAON-581205, TQ: SHIGGAON, DIST: HAVERI. 6. KUMAR. VEERESH S/O. PARASAPPA GOULI, AGE: 28 YEARS, OCC: STUDENT, R/O. OLD BUS STAND, SHIGGAON-581205, TQ: SHIGGAON, DIST: HAVERI. …RESPONDENTS (BY SRI. S.N. KINI, ADVOCATE FOR C/R1; SMT. DEEPA PAVAN DODDATTI, ADVOCATE FOR R3 & R5; SRI. M.T. BANGI, ADVOCATE FOR R4; R2 & R6 ARE SERVED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC 1908 PRAYING TO SET ASIDE THE JUDGMENT & DECREE PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE, HAVERI IN R.A.NO.142/2006 DATED 07.06.2012 AND CONFIRM THE JUDGMENT AND DECREE PASSED BY THE LEARNED CIVIL JUDGE (JR.DN.) & JMFC SHIGGAON IN O.S. NO.7/2003 DATED 10.11.2006 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - NC: 2025:KHC-D:6668 RSA No. 5881 of 2012 C/W RSA No. 100511 of 2019 IN R.S.A. NO. 100511/2019 (SP-) BETWEEN: SRI. GANDHI S/O. RAMACHANDRAPPA PAWAR, AGE: 54 YEARS, OCC: BUSINESS, R/O. OLD BUS STAND ROAD, SHIGGAON, TQ: SHIGGAON, DIST: HAVERI-581205. …APPELLANT (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: SMT. TARABAI D/O. SUBBANNACHARYA BANAVASI, SINCE DECEASED REP. BY HER LR’S. 1. VENKANNA S/O. SUBBANACHARYA BANAVASI, AGE: 79 YEARS, OCC: RETIRED, R/O: SAMPIGE NAGAR, LAST BUS STOP, DHARWAD-580001. PARASAPPA S/O. PUTTAPPA GOULI, SINCE DECEASED REPRESENTED BY HIS LRS. 2. SMT. RATNAVVA W/O. PARASAPPA GOULI, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. OLD BUS STAND ROAD, SHIGGAON, TQ: SHIGGAON, DIST: HAVERI-581205. 3. UMESH PARASAPPA GOULI, AGE: 36 YEARS, OCC: BUSINESS, R/O. OLD BUS STAND ROAD, SHIGGAON, TQ: SHIGGAON, DIST: HAVERI-581205. 4. VEERESH S/O. PARASAPPA GOULI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. OLD BUS STAND ROAD, SHIGGAON, TQ: SHIGGAON, DIST: HAVERI-581205. - 4 - NC: 2025:KHC-D:6668 RSA No. 5881 of 2012 C/W RSA No. 100511 of 2019 5. RENUKA W/O. MANJUNATH, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: HARALAPUR, TQ: HARIHAR, DIST: DAVANGERE-577001. 6. NAGAVENI @ NETRAVATHI W/O. NAGARAJ ALLUR, AGE: 46 YEARS, OCC: HOUSEHOLD, R/O: SHIGGAON, TQ: SHIGGAON & DIST: HAVERI-581205. 7. PUSHPA D/O. PARASAPPA GOULI, AGE: 40 YEARS, OCC: HOUSEHOLD, R/O. OLD BUS STAND ROAD, SHIGGAON, TQ: SHIGGAON & DIST: HAVERI-581205. …RESPONDENTS (BY SRI. M.T. BANGI, ADVOCATE FOR R2-R4, R5 & R6; R1-SERVED; R7-UNCLAIMED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO ALLOW THE PRESENT APPEAL AND SET ASIDE THE JUDGMENT DATED 28.09.2018 IN R.A.NO.91/2011 PASSED BY THE LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE HAVERI, THEREBY SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.07.2011 PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE HAVERI IN O.S. NO.37/2003 IN ENDS OF JUSTICE AND EQUTIY. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH - 5 - NC: 2025:KHC-D:6668 RSA No. 5881 of 2012 C/W RSA No. 100511 of 2019 ORAL ORDER In RSA No.5881/2012, defendant is assailing the judgment and decree dated 07.06.2012 in RA No.142/2006 on the file of Additional Senior Civil Judge, Haveri, allowing the appeal in part and setting aside the judgment and decree dated 10.11.2006 in OS No.7/2003 on the file of Civil Judge (Jr.Dn.) and JMFC, Shiggaon, decreeing the suit of the plaintiff. 2. In RSA No.100511/2019, plaintiff is assailing the judgment and decree dated 28.09.2018 in RA No.91/2011 on the file of I Additional District and Sessions Judge, Haveri, dismissing the appeal and confirming the judgment and decree dated 11.07.2011 in OS No.37/2003 on the file of Additional Senior Civil Judge, Haveri, dismissing the suit of the plaintiff. 3. 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. - 6 - NC: 2025:KHC-D:6668 RSA No. 5881 of 2012 C/W RSA No. 100511 of 2019 4. Parties are present before the Court and submitted that, they have settled the matter in terms of compromise petition filed before the Court. 5. Accepting the submission made by the learned counsel appearing for the parties and as the parties have 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. 6. The terms of the compromise petition referred to at paragraph No.3 reads as under: “3. The dispute between parties has been settled at the intervention of elders and family members and terms of settlement deduced herein below: i) The appellant in both the appeals has agreed to handover vacant possession of the suit schedule property to the respondent No.2 as this property has fallen to the share of respondent No.2 in view of settlement of the family properties by virtue of decree passed in FDP No.28/2017 dated 14/12/2019 passed by the Senior Civil Judge, Shiggaon. The respondent - 7 - NC: 2025:KHC-D:6668 RSA No. 5881 of 2012 C/W RSA No. 100511 of 2019 Nos.1, 3 to 6 have no objections for handing over possession of the premises to respondent No.2. The respondent Nos.1, 3 to 6 undertake to abide by the present condition. ii) The appellant had deposited sum of Rs.1,50,000/- before this Hon'ble Court being the arrears of the rent in respect of property which is to be adjusted towards earnest money as mentioned in the agreement. The amount in deposit would be in full and final settlement of claim for refund of earnest money and the appellant has no claim whatsoever as against the respondents in respect of the suit property. iii) In view of statements made in para (ii), the respondents would not make any claim in respect of arrears of rent against the suit schedule property and against the appellant. iv) The appellant will handed over the keys on 30/6/2025 of the premises to the respondent No.2 the appellant submits and solemnly affirms, that, the property has not been let out or any sub-tenancy is created nor anybody is inducted in the premises under the appellant. If any person is found to be in possession of the premises the appellant undertakes to get the unauthorised person in possession ousted and hand over the keys by end of June 2025 i.e., 30.6.2025 failing which the decree passed in RA No.142/2006 would be revived. v) The appellant is at liberty to withdraw the amount deposited in the present appeal before this Hon'ble Court for which the respondents have no- objection.” - 8 - NC: 2025:KHC-D:6668 RSA No. 5881 of 2012 C/W RSA No. 100511 of 2019 7. In view of the submission made by the learned counsel appearing for the parties, the compromise petition is accepted and accordingly, appeal is disposed off. Sd/- (E.S.INDIRESH) JUDGE SMM / CT-MCK List No.: 1 Sl No.: 50