- 1 - HC-KAR NC: 2025:KHC-D:16870 RSA No. 5279 of 2011 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 5279 OF 2011 (PAR) BETWEEN: 1. SHRI HOOVAPPA GANAPATI KAMBAR, AGE: 30 YEARS, OCC: BLACKSMITH AND CARPENTER, R/O. KARALKATTI-591 111, TQ: SOUNDATTI, DIST: BELGAUM. 2. SHRI. BASAVARAJ GANAPATI KAMBAR, AGE: 29 YEARS, OCC: BLACKSMITH AND CARPENTER, R/O. KARALKATTI-591 111, TQ: SOUNDATTI, DIST: BELGAUM. 3. SMT. RAMAWWA W/O GANAPATI KAMBAR, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O. KARALKATTI-591 111, TQ: SOUNDATTI, DIST: BELGAUM. … APPELLANTS (BY SMT. SHAILA BELLIKATTI, ADVOCATE) AND: SHRI DUNDAYYA SHIVAMURTHAYYA HIREMATH, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. KARALKATTI-591 111, TQ: SOUNDATTI, DIST: BELGAUM. … RESPONDENT (BY SRI. JAGADISH PATIL, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 09.02.2011 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, SAUNDATTI IN R.A. 07/2010; RESTORE THE JUDGMENT AND DECREE DATED 27.11.2009 PASSED BY THE CIVIL JUDGE (JR.DN.) SAUNDATTI IN O.S.74/2004 AND ALLOW THE APPEAL WITH COSTS THROUGHOUT BY DECREEING THE SUIT IN O.S. 74/2024 ON THE FILE OF THE CIVIL JUDGE JR.DN. SOUNDATTI. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16870 RSA No. 5279 of 2011 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This matter was referred to the Mediation Center, High Court of Karnataka, Darwad Bench to explore the possibility of settlement. 2. Learned counsel for the appellants and respondents are present. The mediation report is received. 3. The learned Mediator has submitted the report stating that the dispute is amicably settled among the parties. The terms of the settlement are signed by the parties. 4. The suit before the Trial Court was one for injunction. Said suit in O.S. No.74/2004 was decreed. And on an appeal filed by the defendant, the appeal in R.A. No.7/2010 was allowed and consequently, the suit was dismissed. The plaintiffs are before this Court. 5. The parties are present before this Court. The Court has made an inquiry. Appellants and respondents jointly submit - 3 - HC-KAR NC: 2025:KHC-D:16870 RSA No. 5279 of 2011 that they have understood the contents of the terms of the settlement and also voluntarily entered into settlement. The terms of the settlement dated 24.11.2025 are as under: “1. That the plaintiff/Appellants filed a suit for permanent injunction, as against the Dunddayya S/o Shivamurthayya Hiremath and others, the Trial Court decreed the suit granting injunction. Challenging the Judgment and Decree the Defendant Shri. Dunddayya preferred an appeal in R.A No.7/2010. Wherein other Defendants have not been impleaded as parties in Regular Appeal and the Reegular Appeal came to be allowed reversing the Judgment and Decree. Challenging Judgment of the R.A. Court, the above Regular Second Appeal is preferred. That Petitioner/Appellants and Defendant/Respondent with an intention to put an end to the litigation amicably settled the matter, on the following terms. a) That the Plaintiff/Appellants have agreed to give-up the suit property bearing V.P.C. No.1074 front yard and House property measuring South-30 feet and East-20 feet (Presently it is open Space as per the subsequent events, the structure have been demolished) in favour of Sri. Siddaroodhamath, Karalakatii for the purpose of public use. b) The Defendant/Respondent namely Dunddayya is also supporting action of giving up the suit property in favour of Math. Further, on account of giving-up the suit property for public utilization by the Math, he has no grievance over the suit property. - 4 - HC-KAR NC: 2025:KHC-D:16870 RSA No. 5279 of 2011 c) Both the plaintiffs/appellants and Defendant/Respondent would make an application to the Gram Panchayat, Yakkundi, for entering the name of Shree. Siddaroodmath, Kaaralakatti, Tq: Saundatti. d) The Appellants and respondents have been explained in Kannada language the terms and conditions of the paragraph at para No.a to c and they have voluntarily agreed for the same after the understand the contents at para No.a to c.” 6. This Court does not find any impediment to accept the terms of the settlement. Accordingly, the impugned judgment and decree are substituted in terms of settlement dated 24.11.2025. 7. Learned counsel for the appellants submits that the names of the parties are not correctly mentioned. However, to ensure identification, the Aadhaar cards are produced. 8. In terms of the above settlement, the appeal is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT:BCK LIST NO.: 3 SL NO.: 1