- 1 - HC-KAR NC: 2025:KHC-D:10177 RSA No. 100233 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100233 OF 2025 (SP) BETWEEN: SMT. SHIVAVVA W/O. RAMANNA KARIDYAVANNAR AGE: 54 YEARS, OCC: HOUSEHOLD WORK, R/O: SORAKOPPA, TQ. AND DIST. BAGALKOT-587101. …APPELLANT (BY SRI Y.R. JOGI, ADVOCATE.) AND: SMT. RENAVVA W/O. SIDDAPPA CHABBI AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: GADDANKERI, NOW AT POST KELAGERI, TQ. AND DIST. DHARWAD-580008. …RESPONDENT (BY SRI B.S. SANGATI, ADVOCATE.) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908, PRAYING TO CALL FOR RECORDS AND ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 08.11.2024, PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK, SPECIAL COURT-1, BAGALKOT, IN R.A.NO.07/2024 AND THE JUDGMENT AND DECREE DATED 20.12.2023, PASSED BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BAGALKOT, IN O.S.NO.93/2020, IN THE INTEREST OF JUSTICE AND EQUITY AND TO REMAND THE MATTER BY PROVIDING AN OPPORTUNITY TO PLAINTIFF TO PROVE THE AGREEMENT OF SALE DATED 02.06.2012 BY EXAMINATION OF THE WITNESS WHO IS HUSBAND OF DEFENDANT AND ALSO FOR A DIRECTION TO TRIAL COURT TO SEND THE SIGNATURES OF THE DEFENDANT FOR EXPERT OPINION FROM FSL REPORT AND ETC.,. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.18 10:38:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10177 RSA No. 100233 of 2025 THIS APPEAL COMING FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) The case is called out. Both the parties along with their respective counsel are present before the Court. The compromise petition is filed under Order XXIII Rule 3 of the Civil Procedure Code, 1908 (‘CPC’ for short). The contents of this compromise petition are read over and explained to the parties. Both the parties have accepted the terms and conditions of this compromise petition as voluntary. Hence, the same is found lawful and accepted. The compromise petition is allowed. 2. This appeal is disposed of in terms of the compromise petition. 3. The judgment and decree dated 20.12.2023, passed by the I Additional Senior Civil Judge and JMFC, Bagalkote, in O.S.No.93/2020 and the judgment and decree dated 08.11.2024, passed by the Additional District - 3 - HC-KAR NC: 2025:KHC-D:10177 RSA No. 100233 of 2025 and Sessions Judge, Fast Track Special Court-I, Bagalkote, in R.A.No.7/2024, are set aside. 4. Draw decree in terms of the compromise petition filed under Order XXIII rule 3 of CPC. The compromise petition shall form part of the record. 5. In view of terms of compromise petition, the trial Court is directed to refund the Court fee to the present appellant who is plaintiff in O.S.No.93/2020. The First Appellate Court is directed to refund the Court fee paid in R.A.No.7/2024, to the appellant and registry of this Court is directed to refund the Court fee to the appellant, as per relevant rules. 6. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (G BASAVARAJA) JUDGE MRK CT-CMU LIST NO.: 1 SL NO.: 26