- 1 - HC-KAR NC: 2025:KHC-D:15448-DB RFA No. 100233 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI R.F.A. NO.100233 OF 2023 (PAR/POS) BETWEEN: 1. TIKASA S/O. NARAYANSA HABIB, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. BHANDAGE BUILDING, 2ND FLOOR, BESIDE SHAMBHU PAN SHOP, GHANTIKERI ONI CROSS, AGASAR ONI, HUBBALLI-580030. 2. SMT. DIVYA W/O. TIKASA HABIB, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. BHANDAGE BUILDING, 2ND FLOOR, BESIDE SHAMBHU PAN SHOP, GHANTIKERI ONI CROSS, AGASAR ONI, HUBBALLI-580030. …APPELLANTS (BY SRI. SADASHIV S. PATIL, ADVOCATE) AND: 1. NARAYANSA S/O. TIKASA HABIB, AGE: 79 YEARS, OCC: BUSINESS, R/O. H.NO. 19, 2ND CROSS, PRAGATI COLONY, VIDYANAGAR, HUBLI, PIN CODE-580021. 2. NAGARAJ S/O. NARAYANSA HABIB, AGE: 53 YEARS, OCC: BUSINESS, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2025:KHC-D:15448-DB RFA No. 100233 of 2023 R/O. H.NO. 19, 2ND CROSS, PRAGATI COLONY, VIDYANAGAR, HUBLI, PIN CODE-580021. 3. MAHADEV S/O. NARAYANSA HABIB, AGE: 51 YEARS, OCC: BUSINESS, R/O. H.NO. 19, 2ND CROSS, PRAGATI COLONY, VIDYANAGAR, HUBLI, PIN CODE-580021. 4. RAJU S/O. NARAYANSA HABIB, AGE: 46 YEARS, OCC: BUSINESS, R/O. H.NO. 19, 2ND CROSS, PRAGATI COLONY, VIDYANAGAR, HUBLI, PIN CODE-580021. 5. SMT. MANJULA W/O. RAMCHANDRA BARAD, AGE: 48 YEARS, OOC: HOUSE WIFE, R/O. BESIDE BHAVANI PRINTING PRESS, AGASAR ONI, HUBBALLI-580020. 6. SMT. ROOPA @ REKHA W/O. SURESH ATHANI, AGE: 41 YEARS, OCC: HOUSE WIFE, R/O. FLAT NO.102, MADHURA APARTMENT, NEW BADAMI NAGAR, HUBBALLI-580023. …RESPONDENTS (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN ORIGINAL SUIT NO.116/2022, PASSED BY THE HON’BLE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI VIDE JUDGMENT AND DECREE DATED 01.04.2023, IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI - 3 - HC-KAR NC: 2025:KHC-D:15448-DB RFA No. 100233 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) 1. Parties to this appeal, namely the appellants and the respondents have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, stating that they have amicably settled their dispute in terms of the said compromise petition. 2. It is stated that Respondent No.5 – Smt. Manjula and Respondent No.6 – Smt. Roopa @ Rekha have relinquished their rights in the suit schedule properties in favour of the other parties and have declared that they have no claim whatsoever in respect of the said properties. 3. The two items of the suit schedule properties are divided between Appellant No.1, Respondent Nos.1 to 4 in the manner stated in the compromise petition. 4. This Court has read over the contents of the compromise petition to Respondent Nos.5 and 6 – Smt. Manjula and Smt. Roopa @ Rekha, and ascertained from - 4 - HC-KAR NC: 2025:KHC-D:15448-DB RFA No. 100233 of 2023 them whether they have understood the terms of the compromise. Both Respondents Nos.5 and 6 have clearly stated that they have understood the contents of the compromise petition and that they have voluntarily given up all their claims whatsoever in respect of the suit schedule properties. They have also stated that they have no further claim against the other parties to these proceedings. 5. The compromise petition also records the fact that Appellant No.2 who is the wife of Appellant No.1 has consented to the allotment of 1 acre 15 guntas of land in favour of her husband, Appellant No.1 and has given up all her independent claims, having regard to the gift deed executed in her favour by Appellant No.1. 6. Consequently, suit in O.S.No.16/2022, on the file of the learned I Additional Senior Civil Judge, JMFC, Hubballi is decreed in terms of the compromise petition filed by the parties. Accordingly, the judgment and decree passed by the learned I Additional Senior Civil Judge, JMFC, Hubballi is - 5 - HC-KAR NC: 2025:KHC-D:15448-DB RFA No. 100233 of 2023 modified in accordance with the terms of the compromise petition filed by the parties herein. 7. The parties are directed to affix their signatures on the order sheet, which shall be duly identified by their respective learned counsel. 8. The office is directed to refund the court fee to the appellants in accordance with law. Draw decree accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE VB /CT-AN List No.: 1 Sl No.: 33