- 1 - NC: 2025:KHC-D:5506 RSA No. 5321 of 2009 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 5321 OF 2009 (DEC/INJ-) BETWEEN: 1. SIDDAPPA BASAPPA HUBBALLI, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, RESIDING AT RAYANAL, TQ: HUBLI. 2. NINGAPPA BASAPPA HUBBALLI, AGED ABOUT 58 YEARS, OCC: AGRICULTURE, RESIDING AT RAYANAL, TQ: HUBLI. 3. MARITANGEWWA W/O. BASAPPA HUBBALLI, AGED ABOUT 75 YEARS, OCC: AGRICULTURE, RESIDING AT RAYANAL, TQ: HUBLI. …APPELLANTS (BY SRI. PRASHANT ANDANIMATH, ADVOCATE FOR A2; A1 & A3-ABATED) AND: 1. SHANKARGOUDA KALLANAGOUDA PATIL, AGED ABOUT 59 YEARS, OCC: AGRICULTURE, RESIDING AT TARIHAL, TQ: HUBLI. 2. MALLANAGOUDA KALLANAGOUDA PATIL, AGED ABOUT 56 YEARS, OCC: AGRICULTURE, RESIDING AT TARIHAL, TQ: HUBLI. 3. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY NO.4, DHARWAD. …RESPONDENTS (BY SRI. C.N. HARLAPUR, ADVOCATE FOR C/R1 & R2; SRI. JAIRAM SIDDI, HCGP FOR R3) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 3-6-2009 ALLOWING R.A.NO.79 OF 2008 PASSED BY THE MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5506 RSA No. 5321 of 2009 LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBLI AND THE JUDGMENT AND DECREE OF THE TRIAL COURT IN O.S.NO.22/2005 DATED 24-03-2008 BY ADDITIONAL CIVIL JUDGE (SR. DN) HUBLI BE RESTORED BY ALLOWING THIS APPEAL WITH COSTS THROUGHOUT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT This appeal is preferred by the defendants assailing the judgment and decree dated 03.06.2009 in R.A.No.79/2008 on the file I-Additional District and Sessions Judge, Dharwad, Sitting at Hubli, allowing the appeal and setting aside the judgment and decree dated 24.03.2008 in O.S.No.22/2005 on the file of the Additional Civil Judge (Sr.Dn.) Hubli, dismissing the suit. 2. It is submitted by the learned counsel appearing for the parties that the parties have settled the matter. The parties are present before the Court through their respective counsels. - 3 - NC: 2025:KHC-D:5506 RSA No. 5321 of 2009 3. It is also submitted by the learned counsel appearing for the parties that the respondent No.3 is formal party and no relief is claimed against the respondent No.3. The parties have submitted that they have entered into compromise in terms of compromise petition filed before this Court under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908. It is further submitted by the parties that the settlement has been arrived between the parties without any force or undue influence. In that view of the matter, recoding the submissions made by the learned counsel for the parties, the judgment and decree passed by the Courts below is modified in terms of the compromise petition. 4. Release of amount, if any, in favour of the parties shall be made before the Competent Court below. 5. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE YAN/ CT-MCK, List No.: 3 Sl No.: 1