- 1 - NC: 2025:KHC-D:3981-DB RFA No. 100449 of 2023 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. 100449 OF 2023 (PAR/POS) BETWEEN: 1. VENKATESHA S/O ANANT SHIRALI AGE. 63 YEARS, OCC. PVT WORK R/O. SHIRALI BUILDING, NEAR SHANTESHA HONDA SERVICE CENTRE, OPP DISTRICT COURT, DHARWAD-01. 2. NAGARAJ S/O ANANT SHIRALI AGE. 57 YEARS, OCC. PVT WORK R/O. SHIRALI BUILDING, NEAR SHANTESHA HONDA SERVICE CENTRE, OPP DISTRICT COURT, DHARWAD-01. 3. SADANANDA S/O ANANT SHIRALI AGE. 51 YEARS, OCC. PVT WORK R/O. SHIRALI BUILDING, NEAR SHANTESHA HONDA SERVICE CENTRE, OPP DISTRICT COURT, DHARWAD-01. …APPELLANTS (BY SRI. PRASHANT S. KADADEVAR, ADV) AND: 1. SMT. SHOBHA W/O SUDHIR AYYANGAR AGE. 63 YEARS, OCC. HOUSEHOLD R/O. 803 RAMALINGESHWAR NAGAR GOKUL ROAD, HUBBALLI-30. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.03.01 10:57:12 +0530 - 2 - NC: 2025:KHC-D:3981-DB RFA No. 100449 of 2023 2. SMT. RATNA @ LAXMIW/O ASHOK PANCHAL AGE 65 YEARS, OCC HOUSEHOLD R/O SRI MATA KARMAKAR LAYOUT HALIYAL ROAD, DHARWAD-08. 3. SMT. SHEELA W/O NAGARAJ AGE 53 YEARS, OCC HOUSEHOLD R/O. 0/9 KRK COLONY, BEHIND ADASHRA LAYOUT, KUSUGAL ROAD KESHWAPUR, HUBBALLI-23. 4. ANURADHA W/O JAGANNATH SHIRALI AGE 53 YEARS, OCC HOUSEHOLD R/O. SHIRALI BUILDING, NEAR SHANTESHA HONDA SERVICE CENTRE, OPP DISTRICT COURT, DHARWAD-01. 5. SMT. SINDHU W/O MADAN RAJPUT AGE. 66 YEARS, OCC. HOUSEHOLD R/O. LIG 338, 11 CROSS, NAVANAGAR, HUBBALLI, DIST. DHARWAD -25. 6. SMT. MANGALA W/O NAGESH PANNASHETTY AGE. 59 YEARS, OCC. HOUSEHOLD R/O. B 603, 6TH FLOOR FRESSIA 2 BUILDING, L.M ROAD BEHIND SANGHAM HOTEL, NAVAGOAN DASHISAR, WEST MUMBAI (MS)-400068. 7. SMT. PADMA W/O G. SATHYANARAYAN AGE. 58 YEARS, OCC. HOUSEHOLD R/O. C/O SAROJA VAISHNAVA ANJALI NIVAS KARMAKAR LAYOUT, HALIYAL NAKA NEAR TV TOWER, HALIYAL ROAD DHARWAD-08 …RESPONDENTS (BY SRI. SHIVASAI M PATIL, ADV FOR R1, R3, R4, R6 and 7. NOTICE TO R2 & R5 ARE SERVED) - 3 - NC: 2025:KHC-D:3981-DB RFA No. 100449 of 2023 THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.06.2023 PASSED IN O.S.NO. 229/2020 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, DHARWAD, DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Regular First Appeal is filed by the appellants challenging the judgment and preliminary decree dated 02.06.2023 passed by the learned III Additional Senior Civil Judge and CJM, Dharwad, in O.S. No.229/2020. 2. This Court vide order dated 25.11.2024 directed the parties to appear before the Mediation Centre, High Court of Karnataka, Dharwad Bench. Pursuant to the order dated 25.11.2024, the parties appeared before the Mediation Centre. Accordingly, the parties have settled the matter. - 4 - NC: 2025:KHC-D:3981-DB RFA No. 100449 of 2023 3. The appellants and the respondents are present before the Court and they are identified by their respective counsel. They filed a memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. The compromise petition reads as follows. The parties above named beg to submit as follows: 1. The aforesaid Appeal, the parties have resolved their dispute and have agreed to the following terms and conditions: 2. The parties have mutually discussed and have settled their differences and have decided to put an end to the above litigation preferred by the appellant. 3. The parties have discussed in detail regarding their rights over each item of the suit properties referred to in Suit Schedule A and have compromised their differences over the suit property and have mutually agreed to share the suit schedule property on the following terms and conditions: SUIT SCHEDULE PROPERTY: Schedule A Description of Suit Property: - 5 - NC: 2025:KHC-D:3981-DB RFA No. 100449 of 2023 That the property with Mangalore Tiled Roof house with open space situated at opposite to District court Compound at Dharwad city limits bearing CTS No.33/1AF1A1C/1 measuring 4 Guntas, 602/9 Sq. yards, (0- 3-54, 2/9 sq mtrs) which is bounded as follows: East: P.B.Road. West: Govt Road. North: Property of Muttu. South: Govt. Road 4. The Appellants no. 1 to 3 and Respondent no.2 & 5 together agree to hold and enjoy the above property jointly having equal right in the portion from the house property towards PB Road i.e., total measuring 2 guntas out of suit schedule property measuring 0-3-54 guntas. 5. The Respondent no.1, 3, 6 & 7 together agree to hold and enjoy the property jointly having equal right (1/5th share each) and the respondent no.4 agree to hold and enjoy the property jointly 1/5th share in the portion from PB Road towards the house. i.e., total measuring 1.54 guntas out of suit schedule property measuring 0-3-54 guntas. 6. Appellants no 2 & 3 and respondent no. 1,3,4,6 & 7 are agree to give amount of Rs. 1,50,000/-(One Lakh fifty Thousand only) each to the appellant no.1 and respondent no. 1,3,4,6 & 7 have agreed to give the above said amount to the appellant no.1 within 2 months from today. The appellant no.1 further has agreed that Respondent no.2 & 5 are not liable to pay Rs.1,50,000/- or any amount to them. - 6 - NC: 2025:KHC-D:3981-DB RFA No. 100449 of 2023 The appellant no.1 have agreed to above terms and conditions. 7. The Respondent no. 4 and their children are entitled for 1/5th share, the share ought to give to deceased Jagannath Shirali and they are entitled to share of property of deceased Jagannath Shirali. In another words, the Respondent no.4 is given the share of deceased to Jagannath Shirali. 8. The parties hereby unequivocally undertake not to interfere against each other's right, title, interest and possession hereinafter. The parties are at liberty to get their names mutated in the revenue records in respect of their shares. Parties also submit that they have no other claim over each other whatsoever. 9. All expenses if any, the parties have agreed to make such expenses equally. 10. Therefore, it is prayed that, decree may kindly be drawn in terms of compromise. 11. The contents of the above paras of the compromise are read over and have been explained to us in our vernacular and the same are true and correct to the best of our knowledge belief and information and in token of truth we have signed on 27 day of February 2025, 12. Parties shall be appeared on 27.02.2025 before the Hon'ble court for passing orders/decree. - 7 - NC: 2025:KHC-D:3981-DB RFA No. 100449 of 2023 4. The contents of the Memorandum of Agreement is read over and explained to them. They have accepted the terms and conditions of the Memorandum of Agreement and pray to dispose of the appeal in terms of the Memorandum of Agreement. 5. Accordingly, the Memorandum of Agreement is taken on record. 6. The appeal is disposed of in terms of the Memorandum of Agreement. The Office is directed to draw the decree in terms of the Memorandum of Agreement. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE kmv CT: BSB