- 1 - HC-KAR NC: 2025:KHC-D:14195 RSA No. 5690 of 2011 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO. 5690 OF 2011 (PAR) BETWEEN: 1. SHRI BHIMRAO S/O SUBRAO CHOUGULE, AGE: 62 YEARS, OCC. MILK VENDOR, R/O. 1214/A, SARAF GALLI, SHAHAPUR, BELAGAVI, DIST. BELAGAVI -590001. 2. SHRI DNYANESHWAR S/O. SUBRAO CHOUGULE, AGE: 57 YEARS, OCC. MILK VENDOR, R/O. 1214/A, SARAF GALLI, SHAHAPUR, BELAGAVI, DIST. BELAGAVI -590001. 3. SHRI GURUNATH S/O. SUBRAO CHOUGULE, AGE: 54 YEARS, OCC. MILK VENDOR, R/O. 1214/A, SARAF GALLI, SHAHAPUR, BELAGAVI, DIST. BELAGAVI -590001. …APPELLANTS (BY SRI. SHIVARAJ BALLOLLI, ADVOCATE) AND: 1. SHRI BABURAO S/O. SUBRAO CHOUGULE, SINCE DECEASED BY HIS LRS., 1A. SMT. SARASWATI W/O. BABURAO CHOUGULE, AGE: 65 YEARS, OCC. HOUSE WIFE, R/O. 1214/13/2, SARAF GALLI, SHAHAPUR, BELAGAVI, TQ. AND DIST. BELAGAVI -590001. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.27 10:44:19 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14195 RSA No. 5690 of 2011 1B. SHRI RAMESH S/O. BABURAO CHOUGULE, AGE: 44 YEARS, OCC. BUSINESS, R/O. 1214/13/2, SARAF GALLI, SHAHAPUR, BELAGAVI, TQ. AND DIST. BELAGAVI -590001. 1C. SHRI UMESH S/O. BABURAO CHOUGULE, AGE: 43 YEARS, OCC. BUSINESS, R/O. 1214/13/2, SARAF GALLI, SHAHAPUR, BELAGAVI, TQ. AND DIST. BELAGAVI -590001. 1D. SHRI MAHESH S/O. BABURAO CHOUGULE, AGE: 40 YEARS, OCC. BUSINESS, R/O. 1214/13/2, SARAF GALLI, SHAHAPUR, BELAGAVI, TQ. AND DIST. BELAGAVI -590001. 1E. CHAYA W/O. RAMA PATIL, D/O. BABURAO CHOUGULE, AGE: 46 YEARS, OCC. HOUSEWIFE, R/O. H.NO.414, BASAVANNA NAGAR, GUNDWAD, BELAGAVI, TQ. AND DIST. BELAGAVI-590001. 2. BALKRISHNA S/O. SUBRAO CHOUGULE, AGE: MAJOR, OCC. BUSINESS, R/O. 1214/B/2, SARAF GALLI, SHAHAPUR, BELAGAVI, DIST. BELAGAVI-590001. 3. MALHARI S/O. DEVAPPA KURADE AGE: 59 YEARS, OCC. BUSINESS, R/O. PANGUL GALLI, BELAGAVI, NOW AT 1214/A, SARAF GALLI, SHAHAPUR, BELAGAVI, DIST. BELAGAVI-590001. 4. SHANKAR S/O. DEVAPPA KURADE, AGE: 54 YEARS, OCC. BUSINESS, R/O. PANGUL GALLI, BELAGAVI, NOW AT 1214/A, SARAF GALLI, SHAHAPUR, BELAGAVI, DIST. BELAGAVI-590001. - 3 - HC-KAR NC: 2025:KHC-D:14195 RSA No. 5690 of 2011 5. SHRI KIRAN S/O. DEVAPPA KURADE, AGE: 54 YEARS, OCC. BUSINESS, R/O. PANGUL GALLI, BELAGAVI, DIST. BELAGAVI-590001. 6. SMT. TULSABAI @ PARVATI W/O. GANAGARA MARGALE, SINCE DECEASED REPRESENTED BY HER LR., 6A. ANANT GANGARAM MARGALE AGE: 50 YEARS, OCC. AGRICULTURE, R/O. #419, PATIL GALLI, BELAGAVI, DIST. BELAGAVI-590001. 7. SMT. LAXMIBAI W/O. NARAYAN PATIL, SINCE DECEASED BY HER LRS., 7A. SMT. SHEETAL SURESH GORAL, AGE: 53 YEARS, OCC. HOUSEHOLD WORK, R/O. #J-195, BELAGAVI, TQ. AND DIST. BELAGAVI-590010. 7B. NISHIGANDHA YALLAPPA PAWASHE AGE: 48 YEARS,OCC. HOUSEHOLD WORK, R/O. #2136, PANGUL GALLI, BELAGAVI-590001. …RESPONDENTS (BY SRI. RAMACHANDRA A. MALI, ADVOCATE FOR R2-R5 AND R6(A), R7(A AND B); SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R1(A) R1(E)) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 12.07.2011 PASSED IN R.A.NO.165/2009 ON THE FILE OF THE I ADDITIONAL SENIOR JUDGE, BELAGAVI CONFIRMING THE JUDGMENT AND DECREE DATED 16.11.2009 PASSED IN O.S.NO.326/95 ON THE FILE OF PRL. CIVIL JUDGE JR. DN. BELAGAVI BY ALLOWING THE TOP NOTED APPEAL TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14195 RSA No. 5690 of 2011 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Appellants 1 to 3 are present. Deceased respondent No.1-Baburao S/o.Subrao Chougule is represented by his legal representatives respondent Nos.1(a) to 1(e). Respondent No.1(a) and 1(e) have executed Special Power of Attorney in favour of respondent No.1(b), who is present before the Court. Respondent No.1(c) and 1(d) are also present before this Court. Respondent No.2-Balakrishna is present and he is the GPA holder of remaining respondent Nos.3, 4, 5, 6(a), 7(a) and 7(b). 2. The parties are present before this Court and have filed a compromise petition under Order XXIII Rule 3 of CPC and submit that they have amicably settled the dispute in respect of suit schedule property, which is a house property. The compromise petition is accompanied with a sketch wherein the mode of partition has been set out. The said sketch is also signed by all the parties, who are present before this Court. On enquiry, the parties, who are present and duly - 5 - HC-KAR NC: 2025:KHC-D:14195 RSA No. 5690 of 2011 identified by their respective counsel, have submitted that the compromise petition has been read over and explained to them and they know the contents of the same. They also submit that the sketch has been prepared with their consent and they have settled their dispute accordingly. 3. In view of the same, the settlement being just and proper, the same is accepted. Hence, the following: ORDER i) The judgment and decree passed by both the Courts below is hereby set aside. ii) The appeal is disposed of in terms of the compromise petition filed by the parties. iii) The compromise petition shall be part of the compromise decree to be drawn. iv) The registry is directed to draw the compromise decree in terms of the compromise petition. - 6 - HC-KAR NC: 2025:KHC-D:14195 RSA No. 5690 of 2011 v) In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (C M JOSHI) JUDGE YAN CT:PA List No.: 1 Sl No.: 2