- 1 - HC-KAR NC: 2025:KHC-D:10627-DB RFA No. 100288 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100288 OF 2016 (DEC-) BETWEEN: THE CO-OPERATIVE OIL SEEDS PROCESSING SOCIETY, R/BY ITS PRESIDENT AT RON, NEAR JAKKALI ROAD RON, TQ: RON, DIST: GADAG. …APPELLANT (BY SRI. K.L. PATIL AND SRI. SOURABH SONDUR, ADVOCATES) AND: AMARAPPA S/O. KARABASAPPA SHIVANAGUTTI, SINCE, DECEASED HIS LR’S. 1A. SHRI CHANDRAKANT S/O. AMARAPPA SHIVANAGUTTI, AGE: 60 YEARS, OCC: BUSINESS, R/O: NEAR HATALAGERI NAKA, OPP. MAHALAXMI TEMPLE, MASARI, GADAG-582101. 1B. SHRI PRAKASH S/O. AMARAPPA SHIVANAGUTTI, AGE: 56 YEARS, OCC: BUSINESS, R/O: NEAR HATALAGERI NAKA, OPP. MAHALAXMI TEMPLE, MASARI, GADAG-582101. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10627-DB RFA No. 100288 of 2016 1C. SHRI MANJUNATH S/O. AMARAPPA SHIVANAGUTTI, AGE: 54 YEARS, OCC: BUSINESS, R/O: NEAR HATALAGERI NAKA, OPP. MAHALAXMI TEMPLE, MASARI, GADAG-582101. 2. GIRIJAVVA W/O. AMARAPPA SHIVANGUTTI, AGE: 74 YEARS, OCC: HOUSEHOLD WORK, R/O: HATALAGERI NAKA, GADAG. 3. THE KARNATAKA CENTRAL CO-OP BANK LTD., R/BY ITS BRANCH MANAGER, NEAR BUS STAND, RON, GADAG. 4. THE KARNATAKA CENTRAL CO-OP. BANK LTD., R/BY ITS BRANCH MANAGER, NEAR BUS STAND, RON, GADAG. …RESPONDENTS (BY SRI. C.N. HARLAPUR AND SRI. S.S. TATTIMANI, ADVOCATES FOR R1 (A-C) & R2; SRI. C.V. ANGADI, ADVOCATE FOR R3 & R4) THIS RFA IS FILED UNDER SECTION 96 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.08.2016 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG IN O.S.NO.44/2012 AND CONSEQUENTLY DISMISS THE SUIT OF THE PLAINTIFFS AND ETC. THIS APPEAL IS COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC-D:10627-DB RFA No. 100288 of 2016 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) This appeal is by defendant in OS No.44/2012 is directed against the impugned judgment and decree dated 23.08.2016 passed in OS No.44/2012 by the Addl. Senior Civil Judge, Gadag whereby the said suit filed by the respondents-plaintiffs against the appellants-defendants for declaration that the sale deed executed dated 18.12.2004 is null and void and for consequential possession and other reliefs was decreed in part directing the appellant-defendant No.1 to pay a sum of ₹ 3,33,000/- together with interest at 12% p.a. from January 2004 till realisation. 2. Heard learned counsel for the appellant and learned counsel for the respondents and perused the material on record. 3. During the pendency of the present appeal, the respondent No.1-original plaintiff having expired, his wife respondent No.2 Smt.Girijavva as well as their children - 4 - HC-KAR NC: 2025:KHC-D:10627-DB RFA No. 100288 of 2016 Chandrakanth, Prakash and Manjunath have been brought on record as respondent Nos.1(a), (b) and (c) respectively. 4. On the last date of hearing a joint compromise petition was filed before this Court, which was signed by appellant-respondent No.1(b) and respondent No.2 as well as their respective counsel. However, since the respondent No.1(a) and respondent No.1(c) were not present, the compromise petition was placed and record and the matter was adjourned to this day by passing the following interim order: 13.08.2025: “On the last date of hearing, the parties agreed to amicably settle the dispute on certain terms and conditions. Today a joint compromise petition has been filed, which has been signed by the appellant, respondent No.1(b) and respondent No.2 as well as their respective counsel. Learned counsel for the appellant and learned counsel for respondent Nos.1(a) to 1(c) and 2 have - 5 - HC-KAR NC: 2025:KHC-D:10627-DB RFA No. 100288 of 2016 identified the presence and execution of the joint compromise petition by the appellant and respondent No.1(b) and 2 and seeks time to secure the presence of respondent Nos.1(a) and 1(c), by the next date of hearing. Joint compromise petition is taken on record. Learned counsel for the appellant has handed over two Demand Drafts one bearing No.525746 for a sum of Rs.40,000/- and another bearing No.525745 for a sum of Rs.20,000/- drawn in favour of respondent No.2, Smt. Girijavva W/o Amarappa Shivanagutti, which has been acknowledged by respondent Nos.1(b) and 2 as well as their counsel. Re-list on 21.08.2025” 5. In terms of the aforesaid interim order passed by this Court, respondent Nos.1(a) and (c) are present before this Court and filed documents in support of their identity and address as well as bank account details of respondent No.2. - 6 - HC-KAR NC: 2025:KHC-D:10627-DB RFA No. 100288 of 2016 6. Compromise petition reads as under: MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23RULE3 OF C.P.C. The Plaintiff and defendants above named most respectfully submit as under: 1. It is submitted that, with intervention of the Management of Appellant Society and elders of the family of plaintiffs No.1 and 2 the parties have amicably settled the disputes between themselves on following terms: a. The Appellant has no objections to permit plaintiff No.2/Respondent No.2 to withdraw the entire amount of Rs.3,33,000/- (excluding the amount already withdrawn) along with accrued interest which is in deposit before this Hon'ble Court pursuant to interim order dated: 10/03/2017. b. The Appellant/defendant No.1 has paid a sum of Rs. 60,000/- to the plaintiffs by way of demand drafts bearing No. 525746 for a sum of Rs. 40,000/- and 525745 for a sum of Rs. 20,000/- drawn on Karnataka Viakasa Grameen Bank in favour of Smt. Girijavva W/o. Amarappa Shivanagutti towards full and final settlement of her claim in respect of the suit property. c. The entire court fee paid by the Respondent No.1 and 2 Plaintiffs on the plaint before the Trial Court as well as the entire court fee paid by the Appellant-Defendant No.1 on the memorandum of appeal before Hon'ble Court this permitted may to be released/disbursed in favour of the - 7 - HC-KAR NC: 2025:KHC-D:10627-DB RFA No. 100288 of 2016 Respondent No.2-plaintiff No.2- Smt.GirijavvaW/o.AmarappaShivanag utti. d.The plaintiffs hereby acknowledge that the amount received by them under this compromise is towards full and final settlement of all their claims with respect to the suit property. They further undertake that in future they will not make any claims as regards the suit property is concerned against the present appellant. e. Both the parties to this compromise have affixed their signatures after fully understanding the terms of compromise without there being any coercion or undue influence. Dharwad sd/- Date: 13/08.2025 Appellant/Defendant No.2 Sd/- Advocate for Appellant K.L. Patil Respondent No.1(b) Prakash Shivanagutti Sd/- Respondent No.2/Plaintiff No.2 Smt.Girijavva w/o. Amarappa Shivanagutti 7. It is jointly submitted by both sides that the amounts payable to the plaintiffs would have to be - 8 - HC-KAR NC: 2025:KHC-D:10627-DB RFA No. 100288 of 2016 directed to be credited to the account of respondent no. 2 with the consent of respondent Nos.1(a) to 1(c). 8. Being satisfied with the terms and conditions of the compromise, the following order is passed: ORDER 1) Appeal is allowed and disposed of in terms of the compromise petition filed between the parties. 2) Impugned judgment and decree is modified and the suit is disposed of in terms of the compromise petition. 3) Two demand drafts bearing Nos.525746 for a sum of Rs.40,000/- and No.525745 for sum of Rs.20,000/- are handed over to respondent No.2. 4) The amount of Rs.3,33,000/- excluding the amount already withdrawn along with the accrued interest which is in deposit before this Court pursuant to the order dated 10.03.2017 shall be refund/released / disbursed in favour of respondent No.2. 5) The Registry of the trial Court shall refund/disburse/release the entire Court fee paid - 9 - HC-KAR NC: 2025:KHC-D:10627-DB RFA No. 100288 of 2016 on the plaint by the plaintiffs in favour of respondent No.2/plaintiff No.2 in favour of Smt.Girijavva W/o late Amarappa Shivanagutti. 6) So also the Registry of this Court is also directed to refund/disburse/release the amount paid towards Court fee in the present appeal as well as all the amounts mentioned above by crediting the same directly to the bank account mentioned in the memo of respondent No.2- Smt.Girijavva alias Girija. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE HMB List No.: 1 Sl No.: 10