- 1 - NC: 2025:KHC-D:5232 RSA No. 100722 of 2014 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100722 OF 2014 (SP-) BETWEEN: SMT. HIRABAI W/O. ANNAPPA KOLI, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O: NOW AT: SAMBARGI, TQ: ATHANI, DIST: BELGAUM-591304. …APPELLANT (BY SRI. K.H. BAGI, ADVOCATE) AND: 1. SHRI SHANKAR S/O. BHIMA SALAGAR, AGE: 63 YEARS, OCC: AGRICULTURE, R/O: MURGUNDI, TQ: ATHANI-591304, DIST: BELGAUM. KALLAPPA L. KOLI, DEAD BY HIS LRS 2. SHRI ANNAPPA S/O. KALLAPPA KOLI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: SAMBARGI, , TQ: ATHANI-591304, DIST: BELGAUM. …RESPONDENTS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R1; R2-HELD SUFFICIENT) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 OF CPC PRAYING TO SET ASIDE JUDGMENT AND DECREE DATED: 01.02.2014 PASSED BY THE VII ADDITIONAL DISTRICT & SESSIONS JUDGE BELGAUM IN R.A.NO.366/2010 AND RESERVING THE JUDGMENT AND DECREE DATED 30.09.2010 PASSED BY THE LEARNED SENIOR CIVIL JUDGE, ATHANI IN O.S.NO.49/2000, BY ALLOWING THIS RSA WITH COSTS IN THE INTEREST OF JUSTICE. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:19 +0530 - 2 - NC: 2025:KHC-D:5232 RSA No. 100722 of 2014 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT 1. This appeal is filed by the plaintiff assailing the Judgment and decree dated 01.02.2014 in R.A.No.366/2010 on the file of VII Addl. District and Sessions Judge, Belgaum at Chikodi allowing the appeal and setting aside the Judgment and decree dated 30.09.2010 in O.S.No.49/2000 on the file of Senior Civil Judge, Athani, dismissing the suit of the plaintiff for specific performance. However, the trial court granted the alternate relief of refund of loan amount of Rs.10,000/-. 2. It is submitted by the learned counsel for the parties that the lis between the parties has been compromised. 3. Parties are present before the Court and are duly identified by their respective learned Advocates. Parties have filed the compromise petition/application under Order 23 Rule 3 read with Section 151 of CPC. It is submitted by the parties that they have compromised the matter in terms of the compromise petition. It is also submitted by the parties that the - 3 - NC: 2025:KHC-D:5232 RSA No. 100722 of 2014 compromise has been entered into by the parties without any force or undue influence and compromise petition has been executed voluntarily. The said submission of the parties is recorded. The compromise petition is accepted. 4. Accordingly the appeal is disposed of in terms of the compromise petition filed by the parties. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 1 Sl No.: 42