- 1 - HC-KAR NC: 2025:KHC-D:18141-DB RFA No. 100386 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER 2025 PRESENT THE HON'BLE MR JUSTICE R.DEVDAS AND THE HON'BLE MR JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100386 OF 2018 (POS) BETWEEN: CANARA BANK ANNIGERI BRANCH, TALUKA ANNIGERI-582201, DIST: DHARWAD, REPRESENTED BY ITS BRANCH MANAGER. …APPELLANT (BY SRI. S.K.HEGDE, ADVOCATE) AND: 1. SHRI. SHIVAYOGI S/O. CHANNAVEERAPPA BENKISHETTAR, AGE: 56 YEARS, OCC: BUSINESS, R/O: PLOT NO.3, KALMESHWAR NAGAR, UNKAL HUBBALLI-580031. 2. SHRI. BALAKRISHNAGOUDA TIMMANAGOUDAR S/O. RAMANAGOUDA, SINCE DECEASED BY HIS LR’s., 2(A). SMT. JAYALAXMI W/O. BALAKRISHNAGOUDA TIMMANAGOUDAR, AGE: 74 YEARS, OCC: HOUSEWIFE, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.16 11:46:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18141-DB RFA No. 100386 of 2018 2(B). SHRI. MAHESHGOUDA W/O. BALAKRISHNAGOUDA TIMMANAGOUDAR, AGE: 50 YEARS, OCC: AGRICULTURE, 2(C). SHRI. SURESHGOUDA W/O. BALAKRISHNAGOUDA TIMMANAGOUDAR, AGE: 45 YEARS, OCC: AGRICULTURE, (ALL ARE R/O. KONDIKOPPA, TQ: ANNIGERI, DIST: DHARWAD). …RESPONDENTS (BY SRI. MANJUNATH A.KARIGANNAVAR, ADV. FOR R1(NOC); SRI. SANTOSH B.MANE, ADV. FOR R2(A, B AND C)) THIS RFA IS FILED UNDER ORDER 41 RULE 5 R/W SECTION 151 OF CPC PRAYING TO STAY THE OPERATION OF THE JUDGMENT AND DECREE PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI, IN O.S.NO. 3/2015 DATED 26.06.2018 IN SO FAR AS DIRECTING THE DEFENDANT NO.2 TO PAY COMPENSATION OF RS. 1,00,000/- TO THE PLAINTIFF PENDING DISPOSAL OF THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS RFA 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:18141-DB RFA No. 100386 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE R.DEVDAS) In view of disposal of the connected RFA No.100327/2018 where the contesting parties, namely, owners of the suit schedule property and the auction purchaser entered into a compromise, and a decree being accordingly drawn, learned counsel for the appellant submits that the appeal may be allowed while setting aside the portion of the judgment where the appellant herein being defendant No.2 was directed to pay compensation of Rs.1,00,000/- by way of damages to the plaintiff, i.e., respondent No.1 herein. 2. Learned counsel for respondent No.1-plaintiff in the presence of the plaintiff submits that appeal may be accordingly allowed. 3. Consequently, the appeal is allowed while setting aside the portion of the judgment and decree passed by the - 4 - HC-KAR NC: 2025:KHC-D:18141-DB RFA No. 100386 of 2018 trial court directing defendant No.2 to pay compensation of Rs.1,00,000/- to the plaintiff. 4. Ordered accordingly. 5. In view of disposal of the connected appeal in terms of the compromise petition filed by the parties, office is directed to return the court fee to the appellant, in accordance with law. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS Ct:vh List No.: 1 Sl No.: 16