- 1 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100458 OF 2019 (DEC/PAR) C/W REGULAR FIRST APPEAL NO. 100489 OF 2019 REGULAR FIRST APPEAL NO. 100068 OF 2022 IN RFA NO. 100458/2019 BETWEEN: 1. SHRI SURESH S/O SIDDAPPA BANAHATTI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: KESARAGOPPA VILLAGE-587172, TQ: MUDHOL, DIST: BAGALKOT. 2. SHRI. BHIMAPPA S/O SIDDAPPA BANAHATTI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: KESARAGOPPA VILLAGE-587172, TAL: MUDHOL, DIST: BAGALKOT. …APPELLANTS (BY SRI. G.B. NAIK AND SMT. P.G. NAIK, ADVOCATE) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA Date: 2025.03.01 12:08:17 +0530 - 2 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 AND: 1. SMT. SUSHILABAI W/O PRALHAD DHARWADKAR, AGE: 55 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O: KOUJALAGI, TQ: GOKAK, NOW AT 91, TEJAS NILAYA, BUDH JYOTI LAYOUT, 1ST MAIN, TUMAKUR ROAD, BENGALURU-560 073. 2. SMT. PADAMAWATTI W/O NARSIMHAYYA DODAMANI, DELETED AS PER ORDER ON MEMO DATED 27.01.2022 3. SHRI. KRISHNAYYA S/O VENKAYYA DODAMANI, SINCE DECEASED BY HIS LRS 3A) SMT. SARASWATI W/O KRISHNAYYA DODAMANI AGE: 71 YEARS, OCC: HOUSEHOLD WORK, R/O: KOUJALAGI 591227, TAL: GOKAK, DIST: BELAGAVI. 3B) SMT. MANJULA VENKATESH DODAMANI AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O: KOUJALAGI-591227, TAL: GOKAK, DIST: BELAGAVI. 3C) SMT. MEGHA VENKATESH DODAMANI, AGE: 20 YEARS, OCC: HOUSEHOLD WORK, R/O: KOUJALAGI 591227, TAL: GOKAK, DIST: BELAGAVI. - 3 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 3D) SHRI NARASINHA VENKATESH DODAMANI AGE: 15 YEARS, OCC: HOUSEHOLD WORK, R/O: KOUJALAGI 591227, TAL: GOKAK, DIST: BELAGAVI. SINCE MINOR REPRESENTED BY HIS GUARDIAN MOTHER-PROPOSED RESPONDENT NO. 3B- SMT. MANJULA VENKATESH DODAMANI. 3E) SMT. KANIKA SURESH ADONI AGE: 20 YEARS, OCC: STUDENT, R/O: C/O. SMT. SARASWATI W/O KRISHNAYYA DODAMANI, KOUJALAGI 591227, TAL : GOKAK, DIST: BELAGAVI. 4. SMT. LAXMIBAI W/O NARSIMHAYYA DODAMANI, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: KADECHUR - 585221, TQ AND DIST: RAICHUR. 5. SHRI. VENKATESH S/O NARSIMHAYYA DODAMANI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: KOUJALAGI, TQ: GOKAK, NOW AT KADECHUR-585221, TAL AND DIST: RAICHUR. …RESPONDENTS (BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R1, R4 AND R5; V/O. DATED 27.01.2022 R2-DELETED; SRI. V.M. SHEELVANT, ADVOCATE AND SRI. VINAY S. KOUJALAGI, ADVOCATES FOR R3A AND E; R3B AND C SERVED; - 4 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 V/O. DATED 25.02.2025 MISS GAYATRI S.R., ADVOCATE IS APPOINTED AS COURT GUARDIAN FOR MINOR R3D) THIS RFA IS FILED UNDER SEC. 96 R/W ORDER XLI RULE 1 AND 2 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED:17.08.2019 PASSED IN O.S.NO.50/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, PARTLY DECREEING THE SUIT FILED FOR DECLARATION AND PARTITION. IN RFA 100489/2019 BETWEEN: KRISHNAYYA S/O VENKAYYA DODAMANI AGE : 78 YEARS, OCC :AGRICULTURE, R/O: KOUJALAGI, TQ : GOKAK, DIST : BELAGAVI …APPELLANT (BY SRI. V.M. SHEELVANT, AND SRI. VINAY S. KOUJALAGI, ADVOCATES) AND: 1. SUSHILABAI W/O PRALHAD DHARWADKAR AGE : 56 YEARS, OCC : AGRICULTURE AND HOUSEHOLD WORK, R/O : KOUJALAGI, TQ: GOKAK, NOW AT NO.91, TEJAS NILAYA, BUDH JYOTI LAYOUT, 1ST MAIN, TUMKUR ROAD, BANGALURU-73. 2. PADMAWATI W/O NARASIMAYYA DODAMANI AGE : 86 YEARS, OCC : AGRICULTURE, R/O : LOKAPUR, TQ : MUDHOL, - 5 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 DIST : BAGALKOT. 3. SMT. LAXMIBAI W/O NARSIMHAYYA DODAMANI AGE : 56 YEARS, OCC : HOUSEHOLD WORK, R/O : KADECHUR, TQ AND DIST : RAICHUR. 4. VENKATESH S/O NARSIMHVAYYA DODAMANI AGE : 51 YEARS, OCC : AGRICULTURE, R/O : KOUJALAGI, TQ: GOKAK. 5. SURESH S/O. SIDAPPA BANAHATTI AGE : 51 YEARS, OCC : AGRICULTURE, R/O: KESARAKOPPA, TQ: MUDHOL, DIST : BAGALKOT. 6. BHIMAPPA S/O. SIDDAPPA BANAHATTI AGE : 46 YEARS, OCC : AGRICULTURE, R/O: KESARAKOPPA, TQ: MUDHOL, DIST : BAGALKOT. 7. MANJULA W/O. VENKATESH DODAMANI AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O: TULASIGERI, TQ AND DIST: BAGALKOT. 8. NARASHIMA S/O VENKATESH DODAMANI AGE: 14 YEARS, OCC: NIL, R/O: TULASIGERI, TQ AND DIST: BAGALKOT. 9. MEGHA D/O VENKATESH DODAMANI AGE: 12 YEARS, OCC: NIL, R/O: TULASIGERI, TQ AND DIST: BAGALKOT. …RESPONDENTS (BY SRI. DINESH M. KULKARNI, ADVOCATE FOR R1, R3 AND R4; - 6 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 NOTICE TO R7 SERVED; MISS. GAYATRI S.R., ADVOCATE IS APPOINTED AS COURT GUARDIAN FOR R8 AND R9; R2 DEAD, R3 AND R4 ARE HER LEGAL HEIRS) THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC., 1908, AGAINST THE JUDGMENT AND DECREE DATED 17.08.2019 PASSED IN O.S.NO.50/2013 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, PARTLY DECREEING THE SUIT FILED FOR DECLARATION AND PARTITION. IN RFA NO. 100068/2022 BETWEEN: 1. KUMAR NARASHINHA S/O VENKATESH DODAMANI AGE: 12 YEARS, OCC. NIL, R/O: KOUJALAGI VILLAGE, TAL. GOKAK, DIST. BELAGAVI, PIN CODE. 591227. 2. MEGHA D/O VENKATESH DODAMANI AGE: 10 YEARS, OCC. NIL, R/O: KOUJALAGI VILLAGE, TAL. GOKAK, DIST. BELAGAVI, PIN CODE. 591227. 3. SMT. MANJULA W/O VENKATESH DODAMANI AGE: 36 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O: KOUJALAGI VILLAGE, TAL. GOKAK, DIST. BELAGAVI, PIN CODE. 591227 SINCE THE APPELLATS NO.1 AND 2 HEREIN ARE MINOR AND ARE REPRESENTED BY THEIR NATURAL - 7 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 GUARDIAN MOTHER AS APPELLANT NO.3 HEREIN) …APPELLANTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: 1. KRISHNAYYA VENKAYYA DODAMANI SINCE DECEASED BY HIS LEGAL HEIRS 1A) SMT. KANIKA W/O. SURESH ADONI AGE: 21 YEARS, OCC: STUDENT, C/O. SARASWATI W/O. LATE KRISHNYAA DODAMANI, R/O: KULGOD VILLAGE, TALUKA GOKAK, DISTRICT: BELAGAVI-591310. 2. SHRI. SURESH SIDDAPPA BANAHATTI AGE: 48 YEARS, OCC. AGRICULTURE, R/O: KESARAKOPPA VILLAGE, TAL. MUDHOL, DISTRICT. BAGALKOT. PIN CODE. 587313. 3. SHRI. BHIMAPPA SIDDAPPA BANAHATTI AGE: 59 YEARS, OCC. AGRICULTURE, R/O. KESARAKOPPA VILLAGE, TAL. MUDHOL, DISTRICT. BAGALKOT, PIN CODE. 587313. 4. SMT. SARASWATI W/O KRISHNAYYA DODAMANI AGE: 70 YEARS, OCC. HOUSEHOLD WORK, R/O. KOUJALAGI VILLAGE, TAL. GOKAK, DIST. BELAGAVI, PIN CODE. 591227. …RESPONDENTS (BY SRI. VINAY S. KOUJALAGI, ADVOCATE FOR R1A; - 8 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 SMT. G.B. NAIK AND SRI. P.G. NAIK, ADVOCATES FOR R2 AND R3; R4 SERVED) THIS RFA IS FILED UNDER SECTION 96 R/W. ORDER 41 RULE 1 OF CPC., PRAYING TO, THE JUDGMENT AND DECREE DATED 17.08.2019 PASSED IN O.S.NO.50/2012 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE GOKAK, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, ORDER MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellants in RFA.No.100068/2022 filed an application on I.A.No.1/2025 under Order XXXII Rule 7 of CPC praying to allow the application by granting the leave to compromise this - 9 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 appeal along with other connected appeals is allowed by a separate order. 2) Appellants in RFA.Nos.100489/2019 and 1000458/2019 and the respondents are present before the Court and they are identified by their respective counsels. 3) The parties have filed a joint memo, which reads as under: JOINT MEMO 1. The RFA No.100489/2019 and RFA No.100458/2019 are common appeals arising out of judgment and decree passed in O.S.No.50/2013 by 1st Addl. Senior Civil Judge Gokak Dated: 17/08/2019. 2. The RFA No.100068/2022 is arising out of Judgment and decree passed in o.s.no.50/2012 passed by 1st Addl. Senior Civil Judge Gokak dated 17/08/2019. 3. The parties to all three Appeals are having common interest in the suit properties. To avoid further legal complications and as per the advice of elders and well-wishers the parties have decided to amicably settle the dispute. Hence, filling this Joint Memo. - 10 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 4. That Suit Sy No.518/2 was sold by Krishnayya S/o Venkayya Dodamani to the Appellants 1 and 2 in RFA No. 100458/2019 i.e. Suresh S/o Sidappa Banahatti and Bhimappa S/o Siddappa Banahatti (Respondent No. 5 and 6 in RFA No.100489/2019) That the said property is totally measuring 7 Acre 36 Guntas situated in Koujalagi Village Gokak, Taluka. That the Appellant No. 1 and 2 hereby have agreed to give up an area measuring 1 Acre 36 Guntas out of total extent of Sy No.518/2 to the branch of Krishnayya S/o Venkayya Dodamani in view of the settlement herein. 5. That the branch of Sushilabai P. Dharwadkar and branch of Late. Shri. Narasimhayya Dodamani (Respondent no.1 and 3 and 4 in RFA No.100489/2019) hereby agrees to give 2 Acre out of R.S.No.656/2 totally measuring 7 Acre 18 Guntas to the branch of Krishnayya S/o Venkayya Dodamani towards his share. That the branch of Krishnayya S/o Venkayya Dodamani will now get a total extent of 3 Acre 36 Guntas towards their share and they will not claim any share in respect of other Schedule "A" Properties. - 11 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 6. The sale deed executed by Krishnayya S/o Venkayya Dodamani to the Appellants 1 and 2 in RFA No.100458/2019 i.e. Suresh S/o Sidappa Banahatti and Bhimappa S/o Siddappa Banahatti (Respondent No. 5 and 6 in RFA No.100489/2019) is admitted by other parties. The rest of decree in respect of Schedule B remains intact except this modification in respect of Schedule A properties. 7. The parties will get their shares divided by metes and bounds by proper identification of boundaries as per this joint memo in pending Final Decree Proceedings bearing No.78/2019 before 1st Addl. Senior Civil Judge Gokak. 4) The contents of the joint memo is read over and explained to the parties in Kannada language, known to them. They have accepted the terms and conditions mentioned in the joint memo and pray to dispose of the appeal in terms of the joint memo. 5) The joint memo is placed on record. Accordingly, the following: - 12 - NC: 2025:KHC-D:3975-DB RFA No. 100458 of 2019 C/W RFA No. 100489 of 2019 RFA No. 100068 of 2022 ORDER i) The appeals are disposed of in terms of the joint memo. ii) The office is directed to draw decree in terms of the joint memo. iii) Insofar as demarcation of boundaries are concerned, parties are at the liberty to work out their remedy in the Final Decree proceedings. In view of disposal of the appeals, pending applications, if any, do not survive for consideration. Accordingly, applications, if any, stand disposed of. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE VB/LIST NO.: 1 SL NO.: 6