- 1 - NC: 2025:KHC-D:792-DB RFA No. 100579 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 100579 OF 2019 (DEC/INJ-) BETWEEN: 1. NINGARADDI S/O SOMARADDI SOMAPUR SINCE DECEASED BY HIS LR’S., 1a. LAXMI W/O NINGARADDI SOMAPUR AGE: 44 YEARS, OCC: HOME MAKER, NEAR DYAMAMMA TEMPLE, KONNUR, GADAG-582206. 1b. ANJALI D/O NINGARADDI SOMAPUR AGE: 22 YEARS, OCC: STUDENT, NEAR DYAMAMMA TEMPLE, KONNUR, GADAG-582206. 1c. SOMARADDI S/O NINGARADDI SOMAPUR AGE: 17 YEARS, OCC: STUDENT, (MINOR) NEAR DYAMAMMA TEMPLE, KONNUR, GADAG-582206. …APPELLANTS (BY SRI. K.L PATIL, S.S BETURMATH AND S.A. SONDUR, ADVS FOR APPELLANTS) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:792-DB RFA No. 100579 of 2019 AND: 1. TULASHIGIRIGOUDA S/O BASANAGOUDA PATIL SINCE DECEASED HIS LR’S., 1a. GEETA W/O TULASHIGIRIGOUDA PATIL AGE: 62 YEARS, OCC: HOME MAKER, VASAN, TQ: NARAGUND, GADAG-582206. 1b. MANJULA D/O TULASHIGIRIGOUDA PATIL AGE: 33 YEARS, OCC: HOME MAKER, VASAN, TQ: NARAGUND, GADAG-582206. 1c. RAGHAVENDRA S/O TULASHIGIRIGOUDA PATIL AGE: 32 YEARS, OCC: AGRICULUTRE, VASAN, TQ: NARAGUND, GADAG-582206. 1d. BASANGOUDA S/O TULASHIGIRIGOUDA PATIL AGE: 29 YEARS, OCC: AGRICULTURE, VASAN, TQ: NARAGUND, GADAG-582206. …RESPONDENTS (BY SRI. VEERESH S GADAD, ADV FOR R1(A TO D)) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.08.2019 PASSED IN O.S.NO.211/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & CHIEF JUDICIAL MAGISTRATE, GADAG, DECREEING THE SUIT FILED FOR PERMANENT INJUNCTION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER : - 3 - NC: 2025:KHC-D:792-DB RFA No. 100579 of 2019 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) The appellants and the respondents along with their respective counsel are present before this court. They are identified by their respective counsel. 2. The appellants and the respondents have amicably settled their dispute and filed the compromise petition under Order 23 Rule 3 of CPC, which reads as under. 1. It is submitted that, the original propositus by name Tulasigiriyappa Somapur had two sons by name Hanumaraddi Somapur and Somaraddi Somapur. Said Sri. Hanumaraddi Somapur was married to one Smt. Tulasavva and from their marriage no issues were born. So also, Sri. Somaraddi Somapur was married to Smt. Laxmavaa and the present Defendant (i.e., deceased Ningaraddi Somapur) was adopted by Smt. Laxmavva. 2. It is submitted that, the defendant herein had filed suit in O.S. No. 108/1991 against Smt. Tulasavva and his adoptive mother Laxmavva seeking to declare that the decree passed in O.S. No. 66/1982 on the file of Prl. civil Judge, Dharwad, between Smt. Tualsavva and smt. Laxmavva to the extent of declaring Smt. Tulasavve as owner of 9/16th share is not binding upon him. The said suit came to be dismissed on 20/06/1997 against which R.A. No. 8/2002 came to be filed which was also - 4 - NC: 2025:KHC-D:792-DB RFA No. 100579 of 2019 dismissed on 20/10/2009. As against the said Judgment and Decree of the Trial Court and First Appellate Court the defendant herein has filed R.S.A. No. 5721/2009 before this Hon'ble Court and the same is pending for consideration. 3. It is submitted that, the claim of plaintiff in the present suit is that said Smt. Tulasavva Hanumaraddi Somapur has executed an unregistered will in his favour on 20/03/1991 to the extent of her share 9/16th share in the properties and as such he has sought for declaration of his ownership over the sult properties. The said suit came to be decreed vide Judgment and Decree dated: 20/08/2019 and as against the said Judgment and Decree the instant Appeal has been preferred by the defendant. 4. It is submitted that, during pendency of the present Appeal the plaintiff as well as defendant have passed away on 09/07/2023 and 14/11/2023 respectively and their legal heirs are prosecuting the present Appeal. 5. It is submitted that, due to intervention of the elders and well wishers of the family of plaintiff as well as defendant the parties herein have agreed to amicably settle the dispute amongst themselves so as to put an end to the litigations between themselves on following terms and conditions. a. The legal heirs of plaintiff (1.e., Respondents No.1- A to 1-D herein) hereby agree that the defendant (i.e., late Sri Ningaraddi Somapur) is the only legal heir of Propositus Sri. Tulasigiriyappa Somapur and accordingly his legal heirs i.e. Appellant No. 1-A to 1-C are the only surviving legal heirs of deceased Tulasigiriyappa Somapur. b. The legal heirs of plaintiff (i.e., Respondents No.1-A to 1-D herein) hereby give up their claim based on will dated: 20/03/1991 executed by Smt. Tulasavva in favour of plaintiff -deceased Tualsigirigouda B. Patil in lieu of which the legal heirs of defendant (i.e., Appellants No. 1-A to 1-C) have agreed for allotment of Suit Schedule item No. a) property i.e., Agricultural Land Bearing R.S. No. 191/1 measuring 8 acres 28 guntas situated in Naragund Taluk, Konnur Village to be allotted in favour of legal heirs - 5 - NC: 2025:KHC-D:792-DB RFA No. 100579 of 2019 of deceased plaintiff (1.e., Respondents No.1-A to 1-D). c. The legal heirs of deceased plaintiff (l.e., Respondents No.1-A to 1-D) hereby give up all their claims in favour of the Appellants in respect of other Suit Properties i.e., suit Item No. b) to e) and hereby admit that the legal heirs of deceased defendant (l.e., Appellants No.1-A to 1-C) only are entitled to succeed to the said properties as the only surviving legal heirs of deceased Tulasigiriyappa Somapur. d. It is hereby agreed between the parties that, by virtue of the present settlement the plaintiff (i.e., Respondents No. 1-A to 1-D) are declared as absolute owners and in possession of Suit Schedule Item No. a) property and defendants (i.e., Appellants No. 1-A to 1-C) are the absolute owners and in possession of the Suit Schedule item No. b) to e). e. Both the parties further agree that, either parties will not disturb the peaceful possession and enjoyment of the Suit Schedule Properties to which they are declared as owners and in peaceful possession and enjoyment. f. In view of the above settlement and in view of declaration of ownership of defendants (i.e., Appellants No. 1-A to 1- C) over Suit Schedule Item No. b) to e) properties and in view of declaration of ownership of plaintiff (i.e., Respondents No. 1-A to 1-D) in respect of Suit Schedule Item No. a), the parties hereby agree to get the proceedings in R.S.A. No. 5721/2009 before this Hon'ble Court closed in terms of the present compromise. g. The parties hereby agree that, the instant compromise is entered into between them without there being any coercion or undue influence and that they have entered into the instant compromise only after having read over to and after having understood the terms of compromise. - 6 - NC: 2025:KHC-D:792-DB RFA No. 100579 of 2019 Therefore, the Appellants and the Respondents most respectfully pray that, the Hon'ble Court may kindly be pleased to accept the present Compromise Petition and decree may kindly be drawn accordingly, in the interest of justice and equity. 3. The above said compromise petition was read over and explained to the parties in the Kannada language, and they have accepted the terms and conditions of the compromise petition. 4. The compromise petition is placed on record. 5. Accordingly, the appeal is disposed off, in terms of the compromise petition. 6. Office is directed to draw the decree, in terms of the compromise petition. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE MBS CT: BSB List No.: 1 Sl No.: 13