- 1 - HC-KAR NC: 2025:KHC-D:17838 WP No. 108073 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108073 OF 2025 (GM-CPC) BETWEEN: KALLAPPA S/O SANNBASAPPA KURUVANKOPPA, AGE. 67 YEARS, OCC. AGRICULTURE, R/O. BENKANKATTI, TQ/DIST. DHARWAD. … PETITIONER (BY SRI. ARUN L. NEELOPANT, SMT. KAVITA S. JADHAV AND SRI. N.B. JODALLI, ADVOCATES) AND: 1. 2. 3. 4. 5. SHIVAKALLAPPA S/O SANNABASAPPA KURUVANKOPPA, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. MALLAVVA W/O RUDRAPPA KURUVANKOPPA, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. SAVAKKA W/O CHANNAPPA KYARKOPPA, AGE:48 YEARS, OCC: AGRICULTURE, R/O: HOLTIKOTI, TQ/DIST: DHARWAD. ANASUYA W/O KALLAPPA KAMADENU, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: DEVIKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD. RUDRAVVA W/O TIPPANNA KOTAGI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: LOKUR, TQ/DIST: DHARWAD. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17838 WP No. 108073 of 2025 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. NAGAVVA W/O BASAPPA MANJANNAVAR, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: INAMHONGAL, TQ: SAUNDATTI, DIST: BELAGAVI. MANJUNATH S/O RUDRAPPA KURUVANKOPPA, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. MALLIKARJUN S/O RUDRAPPA KURUVANKOPPA, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. BASAVVA W/O SUBHAS KURUVANKOPPA, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. CHANNAVVA @ NEELAVVA W/O BASAPPA MUMMIGATTI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: MANASUR, TQ/DIST: DHARWAD. ULABASAPPA S/O SUBHAS KURUVANKOPPA, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. IRAPPA S/O SUBHAS KURUVANKOPPA, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. MAILARI S/O SUBHAS KURUVANKOPPA, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. BASAVANEPPA S/O ULAVAPPA KURUVANKOPPA, AGE: 71 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. SANGAPPA S/O ULAVAPPA KURUVANKOPPA, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. - 3 - HC-KAR NC: 2025:KHC-D:17838 WP No. 108073 of 2025 16. 17. 18. 19. 20. 21. GUTTEVVA W/O RUDRAPPA HALIYAL, SINCE DECEASED BY HER LR’S OF RESPONDENT NO.17 BASAPPA S/O RUDRAPPA HALIYAL, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. BASAPPA S/O CHANNABASAPPA HALIYAL, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: BENKANKATTI, TQ/DIST: DHARWAD. NAGAPPA S/O CHANNABASAPPA HALIYAL, SINCE DECEASED LR’S OF RESPONDENT 19 TO 21 DYAMAVVA W/O NAGAPPA HALIYAL, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O: BENKANKATTI, TQ/DIST: DHARWAD. CHANNABASAPPA S/O NAGAPPA HALIYAL, AGE: 16 YEARS, OCC: STUDENT, R/O: BENKANKATTI, TQ/DIST: DHARWAD. SOUMYA D/O NAGAPPA HALIYAL, AGE: 12 YEARS, OCC: STUDENT, R/O: BENKANKATTI, TQ/DIST: DHARWAD. … RESPONDENTS (BY SRI. PRAKASH BADIGER, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 26.10.2024 AS PER ANNEXURE-A PASSED BY 4TH ADDL. SENIOR CIVIL JUDGE & JMFC, DHARWAD IN O.S. NO.188/2021 THEREBY DISMISSING I.A. NO.1 FILED UNDER SECTION 152 OF CPC SEEKING AMENDMENT OF COMPROMISE DECREE AND IA NO.5 FILED ORDER U/O 6 RULE 17 R/W SECTION 151 OF CPC SEEKING AMENDMENT OF COMPROMISE PETITION AND ALLOW THE I.A.NO.1 FILED UNDER SECTION 152 OF CPC AND I.A. NO.5 FILED ORDER U/O 6 RULE 17 R/W SECTION 151 OF CPC. - 4 - HC-KAR NC: 2025:KHC-D:17838 WP No. 108073 of 2025 THIS PETITION COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed by the plaintiff in O.S.No.188 of 2021, on the file of IV Additional Senior Civil Judge, Dharwad. 2. In terms of the impugned order dated 26.10.2024, the petitioner/plaintiff's applications (I.A.Nos.I and V) seeking corrections in the compromise decree and compromise petition, is rejected. 3. In the applications in I.A.Nos.I and V seeking amendment of the compromise petition as well as the correction in the compromise decree, the plaintiff sought correction of; a) The extent of the property allotted to the share of defendants No.2, 7 and 8, as ‘02-Acres 08- Guntas’ instead of 02-Acres 03-Guntas in - 5 - HC-KAR NC: 2025:KHC-D:17838 WP No. 108073 of 2025 Sy.No.287 totally measuring 07-Acres 21- Guntas; b) The extent of property allotted to the share of plaintiff ‘01-Acre 01-Gunta’ instead of 01-Acre 00-Guntas in Sy.No.72 totally measuring 10-Acres 21-Gunta. 4. 4. The petitioner-plaintiff made a claim that Revenue Authorities are not issuing necessary 11E sketch in view of the mismatch in the extent of the property. 5. Learned counsel for the petitioner would submit that the defendants have no objection for the amendment and endorsement dated 05.06.2024 issued by the Revenue Department, is marked at Annexure-E. 6. Learned counsel for the respondents-defendants submits that respondents-defendants have ‘no objection’ to allow the applications for amendment - 6 - HC-KAR NC: 2025:KHC-D:17838 WP No. 108073 of 2025 as the amendment is necessary because of the typographical error in the compromise petition, which is carried out in the compromise decree. 7. The Court has considered the contentions raised at the Bar and perused the records. 8. Since extent is sought to be corrected by way of an amendment and since extent mentioned in the compromise petition appears to be a typographical error, the Court is of the view that amendment applications i.e., I.A.Nos.I and V are to be allowed by setting aside the impugned order. 9. Hence, the following: ORDER i. The writ petition is allowed. ii. Impugned order dated 26.10.2024 passed in I.A.Nos.I and V in O.S.No.188/2021 by learned IV Additional Senior Civil Judge, Dharwad, is quashed. - 7 - HC-KAR NC: 2025:KHC-D:17838 WP No. 108073 of 2025 iii. The petitioner-plaintiff shall carryout necessary amendment in the compromise petition filed before the Trial Court and thereafter, the Trial Court shall issue fresh decree pursuant to the amendment to be carried out. iv. It is submitted that defendant No.19 has expired after the decree passed by the Trial Court and his legal representatives are already on record as respondents No.19, 20 and 21 herein. v. The Trial Court shall also make corrections in the cause title of the compromise decree by allowing the application, which is said to have been filed to substitute the legal representative of deceased defendant No.19. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 45