- 1 - HC-KAR NC: 2025:KHC-D:18221 RSA No. 2637 of 2007 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.2637 OF 2007 (PAR) BETWEEN: 1. SRI. VITHOBA BALU NIKAM SINCE DECEASED BY HIS LRS. 1A. YASHODA W/O. VITHOBA NIKAM, AGE: 78 YEARS, OCC. HOUSEHOLD, R/O. BORAGAON, TQ. CHILODI, DIST. BELAGAVI. 1B. SHAILAJA VASANT KADAM AGE: 58 YEARS, OCC. HOUSEHOLD, R/O. HAROLI, TQ. SHIROL, DIST. KOLHAPUR. 1C. VIMAL TUKARAM MOHITE AGE: 54 YEARS, OCC. HOUSEHOLD, R/O. KURUNDWAD, TQ. SHIROL, DIST. KOLHAPUR. 1D. BALASAHEB S/O. VITHOBA NIKAM, AGE: 52 YEARS, OCC. AGRICULTURE, R/O. BORAGAON, TQ. CHIKODI, DIST. BELAGAVI. 1E. BIBUTAI MOUNESHWAR BIDAKAR AGE: 49 YEARS, OCC. HOUSEHOLD, R/O. KURUNDWAD, TQ. SHIROL, DIST. KOLHAPUR. 1F. SULOCHANA DINAKAR KADAM AGE: 45 YEARS, OCC. HOUSEHOLD, R/O. HAROLI, TQ. SHIROL, DIST. KOLHAPUR. 1G. PUNDALIK S/O. VITHOBA NIKAM, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.17 10:07:49 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18221 RSA No. 2637 of 2007 AGE: 42 YEARS, OCC. AGRICULTURE, R/O. BORAGAON, TQ. CHIKODI, DIST. BELAGAVI. 2. 2A. SRI. MAHADEV ANNU NIKAM SINCE DECEASED BY HIS LRS. SMT. SUSHILA MAHADEV NIKAM AGE: 68 YEARS, , OCC. HOUSEHOLD WORK, R/O. BORAGAON-591201, TALUK: CHIKODI, DIST. BELAGAVI. 2B. SRI. MARUTI MAHADEV NIKAM AGE: 54 YEARS, OCC. AGRICULTURE, R/O. BORAGAON-591201, TALUK: CHIKODI, DIST. BELAGAVI. 2C. SADASHIV MAHADEV NIKAM AGE: 52 YEARS, OCC. AGRICULTURE, R/O. BORAGAON-591201, TALUK: CHIKODI, DIST. BELAGAVI. 2D. SRI. SHIVAJI MAHADEV NIKAM AGE: 49 YEARS, OCC. AGRICULTURE, R/O. BORAGAON-591201, TALUK: CHIKODI, DIST. BELAGAVI. SINCE DECEASED BY HIS LRS. 2D(I). SEEMS W/O. SHIVAJI NIKAM AGE: 59 YEARS, OCC. HOUSEHOLD, R/O. BORAGAON, TQ. CHIKODI, DIST. BELAGAVI. 2D(II). NIKHIL S/O. SHIVAJI NIKAM AGE: 25 YEARS, OCC. AGRICULTURE, R/O. BORAGAON, TQ. CHIKODI, DIST. BELAGAVI. 2D(III). SWATHI W/O. RAKESH LAGALE, AGE: 32 YEARS, OCC. HOUSEHOLD, R/O. MANJARIWADI, TQ. CHIKODI, DIST. BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:18221 RSA No. 2637 of 2007 2D(IV). MADHURI D/O. SHIVAJI NIKAM AGE: 29 YEARS, OCC. HOUSEHOLD, R/O. BORAGAON, TQ. CHIKODI, DIST. BELAGAVI. 2E. SMT. GEETA MARUTI POWAR AGE: 45 YEARS, OCC. HOUSEHOLD WORK, R/O. EXAMBA-591201, TALUK: CHIKODI, DIST. BELAGAVI. 2F. SMT. LALITA SHIVAJI WASKAR AGE: 43 YEARS, OCC. HOUSEHOLD WORK, R/O. BORAGAON-591201, TALUK: CHIKODI, DIST. BELAGAVI. 2G. SRI. BANDU MAHADEV NIKAM AGE: 41 YEARS, OCC. AGRICULTURE, R/O. BORAGAON-591201, TALUK: CHIKODI, DIST. BELAGAVI. …APPELLANTS (BY SRI. B.S. KAMATE, ADVOCATE) AND: 1. SRI. KHANDERAO @ ABASAHEB GANESH KULKARNI AGE: 55 YEARS, OCC. BUSINESS, R/O. C/O. A.B. KULKARNI, TAMBANEKAR WADE, WARD NO.2/A, ICHALKARANJI-416115, TALUK: HATKANAGALA, DIST. KOLHAPUR. 2. SRI. BABU GANESH KULKARNI AGE: 50 YEARS, , OCC. SERVICE, R/O. SHIRADWAD-416103, TQ. SHIROL, DIST. KOLHAPUR. 3. SRI. ATMARAM MAHADEV BORAGAONKAR AGE: 68 YEARS, , OCC. AGRICULTURE, R/O. SHUKRAWAR PETH, NEAR PEEWALE WADA, KOLHAPUR-416001. 4. SRI. DHONDIRAM GURUNATH KULKARNI AGE: 48 YEARS, OCC. SERVICE, R/O. WARD NO.2, HOUSE NO.48, NADIVES, ICHALAKARANJI-416115, - 4 - HC-KAR NC: 2025:KHC-D:18221 RSA No. 2637 of 2007 TQ. HATAKANAGALA, DIST. KOLHAPUR. 5. SRI. NANDAKUMAR GANESH KULKARNI AGE: 45 YEARS, , OCC. SERVICE, R/O. WARD NO.2, HOUSE NO.48, NADIVES, ICHALKARANJI-416115, TQ. HATAKANAGALA, DIST. KOLHAPUR. 6. SRI. BALAWANT VASUDEV KULKARNI AGE: 78 YEARS, , OCC. BUSINESS, R/O. SHUKRAWAR PETH, PEEWALE WADA, KOLHAPUR-416001. 7. SRI. MUKUND VASUDEV KULKARNI AGE: 73 YEARS, , OCC. SERVICE, R/O. SHUKRAWAR PETH, PEEWALE WADA, KOLHAPUR-416001. 8. SRI. DILEEP VASUDEV KULKARNI AGE: 68 YEARS, , OCC. SERVICE, R/O. SHUKRAWAR PETH, PEEWALE WADA, KOLHAPUR-416001. …RESPONDENTS (BY SMT. SURABHI KULKARNI, ADVOCATE FOR R1; R2 AND R3-APPEAL DISMISSED; R4, R5, R7-DISPENSED WITH; R6 AND R8-NOTICE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE RECORDS AND PROCEEDS OF THE CASE THIS HON’BLE COURT BE PLEASED TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.07.2007 PASSED BY THE FAST TRACK COURT-I (DISTRICT AND SESSIONS JUDGE) CHIKODI IN R.A.NO.45/2002, AND FURTHER THE JUDGMENT AND DECREE DATED 19.01.2002 PASSED BY THE LEARNED ADDL. CIVIL JUDGE (JR.DN.) CHIKODI IN O.S.NO.82/1994 MAY KINDLY BE CONFIRMED BY ALLOWING THIS RSA WITH COSTS IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:18221 RSA No. 2637 of 2007 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) The GPA holder of the appellants, who is the son of appellant No.1(b) viz., Pritam Balasaheb Nikam is present along with the counsel for the appellants. The GPA order of the respondent No.1 viz., Vijay Abasaheb Kulkarni is present. This Court also notices that the general power of attorney executed by the appellants and the respondent No.1 are also placed before this Court. 2. It is noticed that the respondent No.2 to 8 had not contested the suit and the suit schedule property was standing in the name of the respondent No.1 alone. 3. Both the GPA holders submit that they have entered into a compromise and the respondent No.1 is ready to receive a sum of ₹3,70,000/- towards the full and final settlement in respect of the claim over the suit schedule property and the appellants would be entitled for the entire suit schedule property after such payment. - 6 - HC-KAR NC: 2025:KHC-D:18221 RSA No. 2637 of 2007 4. The records reveal that on 03.12.2025, before this Court, the parties had reached a settlement between them. Now the parties submit that the terms and conditions of the settlement have been narrated in the compromise petition and the appeal may be disposed of in terms of the compromise petition. 5. Both the parties, who are present, acknowledged the contents of the compromise petition. The GPA holder of respondent No.1 also acknowledged the receipt of two demand drafts of ₹75,000/- each, totaling ₹1,50,000/-. Remaining amount of ₹2,20,000/- shall be paid by the appellant as agreed in the compromise petition. Having satisfied with the terms and conditions of the settlement reached between the parties are just and property and that it being in the better interest of the parties, the same is accepted. 6. Therefore, the appeal deserves to be disposed of in terms of the compromise petition and hence the following: ORDER (i) The appeal is allowed. - 7 - HC-KAR NC: 2025:KHC-D:18221 RSA No. 2637 of 2007 (ii) The impugned judgment and decree passed by the First Appellate Court in R.A.No.45/2002 is hereby set aside. (iii) The present appeal is disposed of in terms of the compromise petition filed by the parties under Order XXIII Rule 3 of CPC. (iv) The compromise petition shall be part of the compromise decree. (v) After payment of the entire amount, contemplated under the compromise, the parties are at liberty to register the compromise decree as required under law. (vi) After such registration, the revenue authorities shall act upon it in terms of the Land Revenue Act. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 29