- 1 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103290 OF 2024 (LR-) C/W WRIT PETITION NO. 104190 OF 2024 IN WP NO. 103290/2024 BETWEEN: SHRI. SIDDAPPA YALLAPPA KUSUGAL, SINCE DECEASED BY HIS LR’S. 1. SMT. BALAVVA W/O LATE SIDDAPPA KUSUGAL, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: KABADAGI ONI, UNAKAL, HUBBALLI- 580031, TQ: HUBBALLI, DIST: DHARWAD. SHRI. YALLAPPA S/O SIDDAPPA KUSUGAL, SINCE DECEASED BY HIS LR’S. 2. SMT. BASAVVA W/O LATE YALLAPPA KUSUGAL, AGE: 62 YEARS, OCC: AGRICULTURE R/O: KABADAGI ONI, UNAKAL, HUBBALLI- 580031, TQ: HUBBALLI, DIST: DHARWAD. 3. SMT. KAVYA D/O LATE YALLAPPA KUSUGAL, W/O MAHADEVGOUD DYAMANGOUDRA, AGE: 22 YEARS, OCC: HOUSE WIFE, R/O: GOUDRA ONI, POST: KALLUR, HUBBALLI- 581206, TQ: HUBBALLI, DIST: DHARWAD. 4. MISS. ANJALI D/O LATE YALLAPPA KUSUGAL, AGE: 10 YEARS, OCC: STUDENT, R/O: KABADAGI ONI, UNAKAL, HUBBALLI-580031, TQ: HUBBALLI, DIST: DHARWAD. THE PETITIONER NO.4 IS Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 A MINOR GUARDIAN RPTD BY HER NATURAL GUARDIAN/MOTHER I.E, PETITIONER NO.2. SMT. BASAVVA W/O LATE YALLAPPA KUSUGAL, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: KABADAGI ONI, UNAKAL, HUBBALLI-580031, TQ: HUBBALLI, DIST: DHARWAD. 5. SHRI. KEDARAPPA S/O LATE SIDDAPPA KUSUGAL, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: UNAKAL, HUBBALLI- 580031, TQ: HUBBALLI, DIST: DHARWAD. 6. SHRI. CHANDRASHEKHAR S/O LATE SIDDAPPA KUSUGAL AGE: 38 YEARS, OCC: AGRICULTURE, R/O: UNAKAL, HUBBALLI- 580031, TQ: HUBBALLI, DIST: DHARWAD. SHRI. SHIVAPPA S/O YALLAPPA KUSUGAL SINCE DECEASED BY HIS LR’S. SMT. GOURAVVA W/O SHIVAPPA KUSUGAL, SINCE DECEASED BY HIS LR’S. 7. VIJAYALAXMI D/O LATE SHIVAPPA KUSUGAL, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: UNAKAL, HUBBALLI- 580031, TQ: HUBBALLI, DIST: DHARWAD. 8. MANJUNATH S/O LATE SHIVAPPA KUSUGAL, AGE: 36 YEARS, OCC: AGRICULTURE R/O: UNAKAL, HUBBALLI-580031, TQ: HUBBALLI, DIST: DHARWAD. 9. BASAPPA S/O LATE YALLAPPA KUSUGAL - 3 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 AGE: 75 YEARS, OCC: AGRICULTURE R/O: UNAKAL, HUBBALLI- 580031, TQ: HUBBALLI, DIST: DHARWAD. ...PETITIONERS (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPTD BY ITS PRL. SECRETARY DEPT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU- 560001. 2. THE ASSISTANT COMMISSIONER, DHARWAD- 580001, DIST: DHARWAD. 3. THE TAHASILDAR HUBBALLI- 580020, TQ: HUBBALLI, DIST: DHARWAD. SHRI. LAXMAN BHIMARAO DESAI SINCE DECEASED BY HIS LR’S 4. SHRI. MALHARI LAXMAN DESAI, AGE: 64 YEARS, OCC: AGRICULTURE R/O: #263 KILLA, DURGADABAIL, HUBBALLI- 580020, TQ: HUBBALLI, DIST: DHARWAD. ...RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3, SRI. GIRISH YADAWA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DTD. 22/2/2024 BRG. NO. KRL/SR/7A/UNAKAL/28/HUBBALLI PASSED BY THE RESPONDENT - 4 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 NO.2 VIDE ANNEXURE-K, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., IN WP NO. 104190/2024 BETWEEN: MALLARI S/O LAXMAN DESAI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: 263, NEW FORT, DURGAD BAIL, HUBBALLI, DIST: DHARWAD, REPRESENTED BY HIS GPA HOLDER SUNIL S/O PANDUSA HABIB AGED: 45 YEARS, OCC: BUSINESS, R/O: #39, NANDINI NAGAR, NEAR PRIYADRASHINI COLONY, GOKUL ROAD, HUBBALLI, DIST: DHARWAD- 580 030 ….PETITIONER (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. SMT. BALAWWA W/O SIDDAPPA KUSUGAL AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O: UNKAL, TQ: HUBBALLI, DIST: DHARWAD- 580 031. 2. KEDARAPPA S/O SIDDAPPA KUSUGAL AGE: 39 YEARS, OCC: AGRICULTURE, R/O: UNKAL, TQ: HUBBALLI, DIST: DHARWAD- 580 031. 3. CHANDRASHEKHAR S/O SIDDAPPA KUSUGAL AGE: 35 YEARS, OCC: AGRICULTURE, R/O: UNKAL, TQ: HUBBALLI, DIST: DHARWAD- 580 031. - 5 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 4. BASAPPA S/O YALLAPPA KUSUGAL AGE: 75 YEARS, OCC: AGRICULTURE, R/O: UNKAL, TQ: HUBBALLI, DIST: DHARWAD- 580 031. 5. PARASHURAM S/O BASAPPA KUSUGAL AGE: 29 YEARS, OCC: AGRICULTURE, R/O: UNKAL, TQ: HUBBALLI, DIST: DHARWAD- 580 031. 6. SMT. PARAVTEWWA W/O GADIGEPPA MORABAD, DELETED AS PER COURT ORDER DATED 30.10.2025. 7. SMT. BASAVVA W/O YELLAPPA KUSUGAL, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: KALMESHWAR TEMPLE ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD- 580 031. 8. KAVYA D/O YELLAPPA KUSUGAL, AGE: 19 YEARS, OCC: STUDENT, R/O: KALMESHWAR TEMPLE ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD- 580 031. 9. ANJALI D/O YELLAPPA KUSUGAL AGE: 09 YEARS, OCC: STUDENT, R/O: KALMESHWAR TEMPLE ONI, UNKAL, TQ: HUBBALLI, DIST: DHARWAD- 580 031, REPRESENTED BY HER NATURAL GUARDIAN MOTHER I.E., RESPONDENT NO. 7. 10. MANJUNATH S/O SHIVAPPA KUSUGAL, AGE: 37 YEARS, OCC: BUSINESS, - 6 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 R/O: EWS-204, SIDDALING NAGAR, GADAG, DIST: GADAG 582 207. 11. SMT. VIJAYLAXMI W/O CHANDRASHEKHAR ANAND, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O: EWS-204, SIDDALING NAGAR, GADAG, DIST: GADAG- 582 207 12. SUNIL S/O. PANDUSA HABIB, AGE: 48 YEARS, OCC: BUSINESS, R/O: R.S.NO. 714/4, UNKAL TO TARIHAL ROAD, NEAR NIVEDANA LAYOUT, VTC HULOLI, PO: HUBLI ENG COLLEGE, SUB: DISTRICT: HUBLI, DIST: DHARWAD- 580031. …RESPONDENTS (BY SRI. PRUTHVI K.S., ADVOCATE FOR R1 TO R5, R7 TO R11, SRI. GIRISH YADAWAD, ADVOCATE FOR R12) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED. 08.02.2020 PASSED BY THE II ACJ AND JMFC-III HUBBALLI COURT/LOK ADALAT IN OS NO. 398/2019 VIDE ANNEXURE-G1, AND RESTORE THE SAID SUIT TO ITS ORIGINAL FILE FOR ITS DISPOSAL ON MERITS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THESE WRIT PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer in W.P.No.104190/2024: a. Issue a writ in the nature of certiorari to quash the order dated. 08.02.2020 passed by the II ACJ and JMFC-III, Hubballi Court/Lok Adalat in OS NO. 398/2019 vide Annexure- G1, and restore the said suit to its original file for its disposal on merits in the interest of justice and equity. b. Pass such order or orders which this Hon’ble court deems fit and circumstances under the facts and circumstances of the case. 2. The parties to the lis, during the subsistence of the subject petition, have entered into a compromise by drawing up certain terms of compromise. The terms of compromise reads as follows: “MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF CPC, 1908 The parties herein respectfully submit as under: 1. The petitioner herein is the owner of the subject lands i.e., RS No. 714/4 measuring 2 Acres 18 Gunthas, RS No. 758/4 measuring 1 Acre 24 Gunthas and RS No. 752/4 measuring 4 Acres 4 Gunthas, all situated at Unkal village, Hubballi Taluka (hereinafter referred to as the subject lands). 2. The respondent Nos. 1 to 5 and 7 to 11 i.e., the members of the Kusugal family claiming to be the tenants of the said lands filed Form No. 7 and the same was rejected by the Land Tribunal. - 8 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 Challenging the same, WP No. 103290/2024 is filed by respondent Nos. 1 to 4 and 6 to 11 which is pending. 3. The petitioner has executed an irrevocable General Power of Attorney dated 28.01.1998 and two registered Agreements of Sale dated 11.01.2017 and 10.11.2017 in respect of the above said three lands in favour of respondent No. 12. 4. Now all the parties to this writ petition have amicably resolved the dispute and have arrived at a settlement the terms of which are as under: i) The petitioner hereby agrees to execute registered sale deeds in favour of respondent No. 12 in terms of the registered agreements of sale dated 07.07.2017 and 20.11.2017 either by himself or through the respondent No. 12 as his GPA within a period of two months from today. The petitioner also hereby admits that respondent No. 12 is in possession and enjoyment of the three subject lands and undertakes not to disturb the same and that he also has no objection for entering the name of respondent No.12 in the revenue records of the said lands in pursuance of the registered sale deed proposed to be executed. It is also hereby agreed and admitted by the petitioner that he or his wife and children who have also executed registered consent deed in favour of respondent No. 12 have no claim whatsoever in respect of the subject lands in future. It is also agreed and admitted by the petitioner he has received the entire amount from respondent No. 12 in respect of the subject lands and that there is no payment due. ii) The respondent Nos. 1 to 5 and 7 to 11 do hereby agree and admit that a sum of Rs. 1,00,00,000/- (Rupees One Crore Only) is received in the joint account of respondent Nos. 1 and 2 through RTGS from respondent - 9 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 No. 12 of in respect of their claim in the subject lands towards full and final settlement. Consequently, they hereby agree and admit that they have given up all their claims/rights including claim of tenancy in respect of the above said three subject lands in favour of said respondent No. 12. They hereby agree and admit that respondent No. 12 is in possession and enjoyment of the three subject lands and they shall not disturb the same. They also agree and admit that they shall have no objection for entering the name of respondent No. 1 in respect of the three subject lands in the revenue records. They also agree and admit that they shall not claim any rights in whosoever manner either against the petitioner or respondent No. 12 in future. iii) The respondent Nos. 1 to 5 and 7 to 11 in view of this settlement hereby undertake to withdraw the writ petition in WP No. 103290/2024. iv) It is hereby agreed and admitted by all the parties that respondent No. 12 is in possession and enjoyment of the above said three lands and he will be the absolute owner thereof after the registered sale deeds are executed in his favor. The other parties in the writ petition will not have any right, title or interest whatsoever in the three subject lands and that they shall not claim any rights in future. v) It is agreed by the petitioner that in the event there is any claim in respect of the subject lands in future made by his legal heirs or any person claiming under him, the petitioner himself shall be responsible to resolve the same and that such claim shall not affect the rights of the respondent No. 12 in any manner. - 10 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 vi) It is agreed by the respondent Nos. 1 to 5 and 7 to 11 that in the event there is any claim in respect of the subject lands in future made their his legal heirs or any person claiming under them, or by the legal heirs of deceased respondent No. 6, the respondent Nos. 1 to 7 and 6 to 11 themselves shall be responsible to resolve the same and that such claim shall not affect the rights of the respondent No. 12 in any manner. vii) It is submitted that the respondent No. 9 is a minor and is represented by her mother and natural guardian respondent No. 7. This compromise is entered into in the interest and benefit of the minor respondent No. 9. A certificate is also filed in that regard. WHEREFORE, it is prayed that this Hon'ble court may be pleased to dispose of the top noted writ petition in terms of the above compromise petition, in the interest of justice and equity. 3. In the light of the compromise so entered into between the parties, the compromise decree that is the subject matter of challenge shall now stand modified in terms of the compromise that is entered into before this Court in the subject petition as quoted hereinabove. The concerned Court shall draw up a decree accordingly indicating the aforesaid compromise. 4. The parties to the lis are present before the Court and are identified by the respective learned counsel. - 11 - HC-KAR NC: 2025:KHC-D:14739 WP No. 103290 of 2024 C/W WP No. 104190 of 2024 5. In the light of the aforesaid compromise entered into between the parties, petition in W.P.No.10490/2024 stands disposed. 6. In the light of the compromise entered into between the parties in W.P.No.104190/2024, the learned counsel for the petitioners files a memo seeking to withdraw the petition in W.P.No.103290/2024. The memo is taken on record. The petition in W.P.No.103290/2024 is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-GTB List No.: 1 Sl No.: 100