- 1 - HC-KAR NC: 2025:KHC-D:15490 RSA No. 100722 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100722 OF 2024 (POS) BETWEEN: SRI. BASANAGOUDA S/O. KARIBASANAGOUDA PATIL, AGE: 81 YEARS, OCC. AGRICULTURE, R/O. HANDIGANUR, TQ. AND DIST. HAVERI-581118. …APPELLANT (BY SRI. SABEEL AHMED, ADVOCATE FOR SRI. A.S. PATIL, ADVOCATE) AND: SHRI. HANUMANTARAO S/O. GURUNATHARAO KULKARNI, AGE: 84 YEARS, OCC. AGRICULTURE, R/O. ICHCHANGI, TQ. SAVANUR, DIST. HAVERI-581118. …RESPONDENT (BY SRI. DINESH M. KULKARNI, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 01.07.2024 PASSED BY THE HON’BLE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT HAVERI IN R.A.NO.58/2023 IN SO FAR AS CONFIRMING THE IMPUGNED JUDGMENT AND DECREE DATED 28.07.2023, PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS COURT, AT SHIGGAON SITTING AT SAVANUR IN O.S.NO.161/2017 DECREEING THE SUIT FILED BY THE RESPONDENT/PLAINTIFF, IN THE INTEREST OF JUSTICE AND EQUITY. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.11.13 10:24:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15490 RSA No. 100722 of 2024 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) The appellant and the respondent along with their counsels are present and they are duly identified by the counsels. 2. The matter was referred to mediation and the mediation was successful. Accordingly, a joint compromise petition is filed under Article XXIII Rule 3 of CPC with the approval of the mediator. As per the compromise, the appellant has retained 4 acres 13 guntas on the western side and the remaining 11 acres 10 guntas is agreed to be given to the respondent. 3. On questioning, the appellant and the respondent admit the above arrangement made between them so that the litigation may be put to an end. Further, they also acknowledge the contents of the compromise petition filed under Order XXIII Rule 3 of CPC when read over to them. They admitted their signatures on the same. In view of the above, the appeal deserves to be disposed off. Hence the following: - 3 - HC-KAR NC: 2025:KHC-D:15490 RSA No. 100722 of 2024 ORDER i. The appeal is allowed. ii. The impugned judgment is set aside. iii. The appeal is disposed off in terms of the compromise petition filed under Order XXIII Rule 3 of CPC. iv. The joint compromise petition shall be part of the decree that is to be drawn by this Court. v. The Court fee as permissible under Rules be refunded to the appellant. SD/- (C M JOSHI) JUDGE RKM CT:PA List No.: 2 Sl No.: 1