- 1 - HC-KAR NC: 2025:KHC-D:11718 RSA No. 100829 of 2019 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100829 OF 2019 (PAR) BETWEEN: SMT. LEELAVATHI W/O. JETTAPPA GOUDA SHIVANNANAVAR AGE: 52 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O: RANEBENNUR TOWN, TQ: RANEBENNUR, DIST: HAVERI. …APPELLANT (BY SRI. PATIL M.H., ADVOCATE) AND: 1. K. SRINIVAS RAO S/O. K. ANJANEYA AGE: 53 YEARS, OCC: KSRTC SECURITY GUARD, 2. SMT. B.S. ANURADHA W/O. K. SRINIVAS RAO AGE: 48 YEARS, OCC: HOUSEHOLD WORK, 3. SRI. VINAYAKA S/O. K. SRINIVAS RAO AGE: 20 YEARS, OCC: STUDENT, 4. SRI. PRAJWAL S.K. S/O. K. SRINIVAS RAO AGE: 18 YEARS, OCC: STUDENT, RESPONDENT NO. 1 TO 4 ARE R/O: H.B. HALLI VILLAGE, TQ. H.B. HALLI, DIST: BALLARI. 5. SMT. SHOBHA @ KASTURI W/O. BASAVARAJA VADDANAKATTI SINCE DECEASED BY HER LRS Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.17 12:58:22 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11718 RSA No. 100829 of 2019 5A) SRI. V.K. BASAVARAJ AGE: 63 YEARS, OCC: AGRICULTURE 5B) SRI. V.B. KOUSHIKRAJ S/O. V.K. BASAVARAJ AGE: 30 YEARS, OCC: BUSINESS 5C) SRI. KAVYA VADDINAKATTE D/O. V.K. BASAVARAJ AGE: 27 YEARS. OCC: PRIVATE EMPLOYMENT, RESPONDENT NO. 5(A) TO 5(C) R/O. BHUJANGANAGAR VILLAGE, TQ. SONDUR, DIST. BALLARI 583119. …RESPONDENTS (BY SRI. NAVEEN CHATRAD, ADVOCATE FOR R1 TO R4; SRI. VISHWANAT L. HEGDE, ADVOCATE FOR R5(A) TO R5(C)) THIS RSA IS FILED UNDER SEC. 100 OF CPC, 1908, PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 26.07.2019 PASSED IN R.A.NO.100/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, H.B. HALLI, ITINERARY SITTING AT SENIOR CIVIL JUDGE, HUVINAHADAGALI, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 28.07.2018 PASSED IN O.S. NO.7/2015 ON THE FILE OF THE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUVINAHADAGALI, PARTLY DECREEING THE SUIT FILED FOR THE PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11718 RSA No. 100829 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Case is called out. Appellant No.1 and respondents No.1 to 4, 5A & 5B are present. The Power of Attorney holder of respondent No.5C is present and a copy of Power of Attorney is also produced. 2. I.A.No.3/2025 is also filed under Order XXXII Rule 12 of the CPC to discharge the minor guardian and permit him to prosecute this matter. Along with application, SSLC marks card of respondent No.4 is also produced, which reveals the date of birth of respondent No.4-Prajwal S.K., Accepting the reasons assigned in the affidavit of Sri Prajwal S/o.K.Shrinivas Rao, I.A.no.3/2025 is allowed. Respondent No.2 is discharged from guardianship of respondent No.4 and respondent No.4 is permitted to prosecute this matter. 3. The 3rd respondent filed I.A.No.4/2025 under Section XXXII Rule 12 of CPC for discharging of minor guardian of respondent No.4. Along with application, birth certificate of respondent No.3 is produced to show his date of birth as 15.07.2004. Accepting reasons shown in the affidavit of Sri. - 4 - HC-KAR NC: 2025:KHC-D:11718 RSA No. 100829 of 2019 Vinayak S/o.K.Srinivas Rao, the 3rd respondent, I.A.No.4/2025 is allowed. Respondent No.2 Smt.B.S.Anuradha W/o.K.Shrinivas Rao is discharged from guardian ship of respondent No.3 and respondent No.3 is permitted to prosecute this case. 4. Memorandum of compromise petition is filed under Order-XXIII Rule-3 of the CPC, 1908 is filed both by the appellant and respondents. Contents of the said compromise petition explained to all parties in the language known to them i.e., in Kannada language. All parties have accepted the averments of the compromise petition voluntarily. Same is lawful. Hence, I proceed to pass the following : ORDER 5. The compromise petition under Order XXIII Rule 3 of the CPC filed by the appellant and respondents is allowed. Appeal is disposed of in terms of the compromise petition. 6. Compromise petition shall be part of the decree. 7. Draw decree accordingly. Sd/- (G BASAVARAJA) JUDGE CKK CT-CMU LIST NO.: 1 SL NO.: 63