- 1 - NC: 2025:KHC-D:2381-DB RFA No. 100623 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH 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. 100623 OF 2019 (PAR/POS) BETWEEN: TIPPANNA LAMANI @ KATTIMANI, S/O. SHANKRAPPA LAMANI @ KATTIMANI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: NAGAVI TANDA -582 103, NAGAVI, TQ/DIST: GADAG. …APPELLANT (BY SRI. C.S. SHETTAR, ADVOCATE) AND: 1. SHANKRAPPA LAMANI @ KATTIMANI, S/O. HAVAPPA LAMANI @ KATTIMANI, AGE: 76 YEARS, OCC: AGRICULTURE, R/O: NAGAVI TANDA-582 103, NAGAVI, TQ/DIST: GADAG. 2. NEMAPPA LAMANI @ KATTIMANI S/O. SHANKRAPPA LAMANI @ KATTIMANI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: NAGAVI TANDA-582 103, NAGAVI, TQ/DIST: GADAG. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA Date: 2025.02.15 11:35:05 +0530 - 2 - NC: 2025:KHC-D:2381-DB RFA No. 100623 of 2019 3. TARAPPA LAMANI @ KATTIMANI S/O. SHANKRAPPA LAMANI @ KATTIMANI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: NAGAVI TANDA-582 103, NAGAVI, TQ./DIST: GADAG. 4. TAVARAPPA LAMANI @ KATTIMANI, S/O. SHANKRAPPA LAMANI @ KATTIMANI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: NAGAVI TANDA-582 103, NAGAVI, TQ/DIST: GADAG. 5. BHAMANAVVA LAMANI @ KATTIMANI W/O. SHANKRAPPA LAMANI @ KATTIMANI, AGE: 67 YEARS, OCC: COOLIE, R/O: NAGAVI TANDA-582 103, NAGAVI, TQ./DIST: GADAG. …RESPONDENTS (BY SRI. K.L .PATIL AND SRI. S.S. BETURMATH, ADVOCATES) THIS RFA IS FILED UNDER SEC. 96 OF CPC., PRAYING TO, SET ASIDE THE JUDGMENT AND DECREE DATED 01.04.2019 PASSED IN O.S.NO.60/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, GADAG, DISMISSING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2381-DB RFA No. 100623 of 2019 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) The appellants and the respondents are present before the Court and they are identified by their respective counsels. They have filed a compromise petition, which reads as under: “1. That the Appellant has filed the suit in O.S. No.60/2017 on the file of Additional Senior Civil Judge, Gadag seeking the relief of partition and separate possession in respect of present suit properties. The said suit came to be dismissed on 01-04-2019, being aggrieved by the judgment and decree passed by the Trial Court, Plaintiff /Appellant is before this Hon'ble in this appeal. 2. That pending disposal of this appeal, at the intervention of elders, parties have amicably agreed to resolve the lis in respect of present suit properties. That as per the terms of the settlement, it is agreed by the Respondents that Plaintiff is entitled for ‘western side’ 1 land in R.S. No.44 totally measuring 2 acres situate at Beladadi village, Tq / Dist: Gadag. It is also - 4 - NC: 2025:KHC-D:2381-DB RFA No. 100623 of 2019 agreed by this Appellant that he will not claim any right, title and interest in the other suit properties. It is also agreed that the Respondents will not claim any share in the properties already acquired and possessed by this Appellant. Appellant shall not seek any share in remaining 1 acre after demise of his parents". 3. That the parties hereby admit that they shall cooperate in getting separate map of 01 acre of land in item No.2 property bearing R.S No.44 of Beladadi village in favour of Appellant. In the event if the Defendants / Respondents fail to co-operate, the Appellant reserves right to, get the decree executed in due course of law. 4. That there is по coercion, undue influence, mistake misrepresentation in arriving at this compromise. Hence, this Hon'ble Court may kindly be pleased to accept this compromise petition and allow the appeal and thereby decree the suit in O.S. No.60/2017 in terms of this settlement in the ends of justice.” - 5 - NC: 2025:KHC-D:2381-DB RFA No. 100623 of 2019 The contents of the compromise petition are read over and explained to the parties in Kannada language. They have admitted the terms and conditions of the compromise petition, and pray to dispose of the appeal, in terms of the compromise petition. The compromise petition is placed on record. Accordingly, the appeal is disposed of, in terms of compromise petition. The office is directed to draw the decree in terms of the compromise petition. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE HMB LIST NO.: 1 SL NO.: 3