- 1 - HC-KAR NC: 2025:KHC-D:17745 RSA No. 5826 of 2011 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.5826 OF 2011 (DEC/INJ) BETWEEN: BASAVANT S/O. BHIMAPPA GHATAGE, AGE: 68 YEARS, OCC. AGRICULTURE, R/O. JANATA PLOTS, PARISHWAD, TQ. BELAGAVI, DIST. BELAGAVI-590 001. …APPELLANT (SRI. BASAVANT S/O. BHIMAPPA GHATAGE, APPELLANT-ABSENT) AND: KALLAPPA S/O. BHIMAPPA GHATAGE, AGE: 77 YEARS, OCC. AGRICULTURE, R/O. NABAPUR, TQ. BELAGAVI, DIST. BELAGAVI-590 001. …RESPONDENT (BY SRI. MAHESH N. KULKARNI, ADVOCATE AND SRI. TEJPAL A. KAMAL, ADVOCATE) THIS RSA IS FILED U/SEC.100 CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19-07-2011 PASSED IN R.A.NO.126/2004 ON THE FILE OF THE III-ADDL. DISTRICT JUDGE, BELAGAVI, REVERSING THE JUDGMENT AND DECREE DATED 15-11- 2000 PASSED IN O.S.NO.242/1998 ON THE FILE OF THE 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: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.11 10:27:14 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17745 RSA No. 5826 of 2011 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) None appears for the appellant. 2. Learned counsel appearing for the respondent submits that the parties have settled the matter and such settlement is recorded in O.S.No.804/2023 before the learned III Additional Civil Judge and J.M.F.C., Belagavi at Belagavi. He also cites the compromise decree passed by the above mentioned Court and states that the appellant had undertaken to withdraw the present second appeal before this Court and in the event, he fails, the respondent has every right to get disposed of this appeal. Paragraph Nos.3 and 4 of the compromise decree reads as below: “3) The defendants submits that the plaintiff has filed a suit in O.S.No.242/1998 before The Hon'ble Principal Civil Judge and JMFC, Belagavi for the relief of declaration and injunction which is came to be dismissed and against that he has file in R.A.No.126/2004 before the Hon’ble III Addl. District Judge, Belagavi which is allowed on 19.07.2011 and the Hon'ble Court was pleased decreed the suit of the plaintiff declaring that the plaintiff is - 3 - HC-KAR NC: 2025:KHC-D:17745 RSA No. 5826 of 2011 absolute owner in possession of the suit property and also decreed the suit for permanent injunction. 4) The defendant No.1 has challenged the said order before the Hon'ble High Court Dharwad in R.S.A.No.5826/2011 agreed in view of settlement the defendant No.1 has agreed to withdraw R.S.A.No.5826/2011 filed by him before the Hon'ble High Court of Karnataka, Dharwad Bench. It is further agreed by the parties if the defendant has not withdrawn the appeal in the event the plaintiff has every right to get disposed off the appeal in R.S.A No.5826/2011 pending before the Hon'ble High Court of Karnataka, Dharwad Bench by producing decree passed in this case.” 3. The present appeal arises out of O.S.No.242/1998 dated 15.11.2000, which was the subject matter of R.A.No.126/2004 before the learned III Additional District Judge, Belagavi at Belagavi who disposed of the same on 19.07.2011. 4. In view of the settlement between the parties, the present appeal no more survives for consideration. Hence, the appeal stands dismissed as infructuous. SD/- (C M JOSHI) JUDGE SSP CT:PA LIST NO.: 1 SL NO.: 1