- 1 - NC: 2025:KHC-D:6816 RFA No. 100266 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA R.F.A. NO. 100266 OF 2019 (PAR) BETWEEN: IRAPPA S/O. RACHAPPA NULVI, AGE 57 YEARS, OCC: AGRICULTURE, R/O. TUNDUR, TQ. SAVANUR, DIST. HAVERI-581126. … APPELLANT (BY SRI. N. P. VIVEKMEHTA, ADVOCATE) AND: 1. SMT. ANNPURNA W/O. HONNAPPA KAMADOLLI, AGE 53 YEARS, OCC: HOUSEHOLD WORK, R/O. HULAGUR, TQ. SHIGGAON, DIST. HAVERI- 581126. 2. SMT. GIRIJA W/O. BASAVARAJ HOSAPETE, AGE 41 YEARS, OCC: HOUSEHOLD WORK, R/O. TUNDUR, TQ. SAVANUR, DIST. HAVERI-581126. 3. BASAVARAJ S/O. RACHAPPA NULVI, AGE 50 YEARS, OCC: AGRICULTURE, R/O. TUNDUR, TQ. SAVANUR, DIST. HAVERI-581126. 4. SMT. DEEPA KOM RUDRAPPA NULVII, AGE 57 YEARS, OCC: AGRICULTURE, R/O. MUDENGUDI, TQ. RON, DIST. GADAG-582209. 5. KUMARI AKSHATA D/O. RUDRAPPA NULVII, AGE 17 YEARS, OCC: STUDENT, R/O. MUDENGUDI, TQ. RON, DIST. GADAG-582209. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6816 RFA No. 100266 of 2019 NOTE: PLAINTIFF NO.1 SMT. VEDAKSHI W/O. MALAPPA GADAGERI, DIED AND APPLICATION IS FILED TO BRING HER LRS PLAINTIFF NO.1 - SMT. VEDAKSHI W/O. MALAPPA GADAGERI, DIED HER LRS ARE ARRAYED AS RESPONDENT 6 TO 8 AS PER ORDER DATED 04-06-2021 PASSED ON I.A. NO.1. 6. SMT. MANJULA W/O. BASAVARAJ NULVI, AGE 38 YEARS, OCC: HOUSEHOLD WORK, R/O. TUNDUR, TQ. SAVANUR, DIST. HAVERI-581126. 7. RAMESH S/O. MALAPPA GADAGERI, AGE 45 YEARS, OCC: AGRICULTURE. 8. MANJU S/O. MALAPPA GADAGERI, AGE 45 YEARS, OCC: AGRICULTURE. RESPONDENT NO.7 & 8 ARE R/O.NAREGALL, TQ. RON, DIST. GADAG-582209. … RESPONDENTS (BY SRI. B. S. SANGATI, ADVOCATE FOR R1 TO R3 & R6 TO R8; R5 IS MINOR REPRESENTED BY R4; NOTICE TO R4 IS SERVED) THIS REGULAR FIRST APPEL IS FILED UNDER SECTION 96 R/W. 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE OF THE COURT OF THE SENIOR CIVIL JUDGE AND J.M.F.C SHIGGAON, DATED 16.02.2019 PASSED IN O.S. NO.20/2017 AND DISMISS THE SUIT OF PLAITNIFFS BY ALLOWING THIS APPEAL AND ETC. THIS REGULAR FIRST APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6816 RFA No. 100266 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Advocate for the appellant, Shri N.P. Vivekmehta, has advanced in this matter. 2. The appellant and the respondent Nos.1 to 3 are present; respondent Nos.4 and 5 are absent. 3. Advocates for the appellant and respondent Nos.1 to 3 are present and have filed a joint compromise petition, duly signed by the appellant, respondent Nos.1 to 3, and their respective advocates. 4. Upon query, respondent Nos.1 to 3 submits that they are aware of the contents of the compromise petition and that the matter has been settled in the presence of elders. 5. In open Court, the appellant handed over Demand Draft dated 07.04.2025, bearing No.637490, drawn on Karnataka Bank Savanur for a sum of Rs.5,00,000/- to respondent No.2, Girija. She has also acknowledged that and she had previously received a sum of Rs.5,50,000/- in cash. - 4 - NC: 2025:KHC-D:6816 RFA No. 100266 of 2019 Thus, having received a total of Rs.10,50,000/-, she agrees to relinquish her 1/6th share in favour of the appellant. 6. Respondent No.1, Smt. Annpurna, is present and submits that she has relinquished her rights in the house property i.e., the “C” Schedule property, in favour of appellant, Irappa and respondent No.3, Basavaraj. She states that they could share the property equally amongst them. However, respondent No.1 shall retain her 1/6th share in the agricultural lands. 7. Learned counsel for the appellant and respondent Nos.1 to 3 submit that there is no dispute with respect to respondent Nos.4 and 5, as they have not challenged the impugned judgment and decree passed in O.S. No.20/2017, dated 16.02.2019. In the final decree proceedings pending before the trial Court, respondent Nos.4 and 5 have agreed to share the extent of property allotted to them. 8. On perusal of the appeal memorandum, it is noted that defendant No.1, who is appellant herein, has alone challenged the impugned judgment and decree. The terms of - 5 - NC: 2025:KHC-D:6816 RFA No. 100266 of 2019 the compromise petition do not affect the rights of respondent Nos.4 and 5, who are defendant Nos.3 and 4 in the original suit. Therefore, the said settlement shall have no bearing on their rights. 9. Under the above circumstances, and in the absence of respondent Nos.4 and 5, the compromise petition is accepted. 10. The appeal is allowed in terms of the compromise petition. 11. Accordingly, the impugned judgment and decree dated 16.02.2019, passed in O.S. No.20/2017, by the Senior Civil Judge and JMFC, Shiggaon is modified. 12. The compromise petition shall form part of the decree, which reads as under: “APPLICATION UNDER ORDER 23 RULE 3 OF C.P.C. The above named appellant and respondents 1 and 2 state as follows: 1. Plaintiff presented a suit for partition and separate possession by sisters against their - 6 - NC: 2025:KHC-D:6816 RFA No. 100266 of 2019 brothers and claimed their 1/6 share in the suit property. 2. Suit was decreed as prayed for and each plaintiff is entitled for 1/6th share in the suit property. Present appeal is preferred by 1" defendant. The plaintiffs have initiated final decree proceedings and commissioner has submitted his report. 3. Smt. Annapurna w/o Honnappa Kamadolli who is Resp. 1/ Pif. 2 and Smt. Girija w/o Basavaraj Hosapete who is Resp. 2 / Plf. 3 have arrived at a settlement on the advice of elders and with love and affection towards his elder brother appellant / Def. 1 Sri Irappa Rachappa Nulvi as follows: i) Smt. Girja W/o. Basavaraj Hosapete by receiving Rs. 10,50,000/- (Ten lakhs fifty thousand only) from her elder brother appellant Sri. Irappa Rachappa Nulvi giving her entire 1/6th share to him. She has received Rs.5,50,000/- (Five lakhs fifty thousand only) in cash from appellant no, I already. Today appellant no.1 is giving a D.D. of Karnataka Bank Savanur of Rs.5,00,000/- bearing No.637490 dated 07-04-2025 drawn in favour of his sister Smt. Girija w/o Basavaraj Hosapete. She acknowledges that she had received Rs.10,50,000/- from appellant no. 1 in all. She has received entire amount and no amount is due to her. - 7 - NC: 2025:KHC-D:6816 RFA No. 100266 of 2019 ii) Smt. Annapurna w/o. Honnappa Kamadolli on the advice of elders and with love and affection towards her brothers Irappa Rachappa Nulvi and Basavaraj Rachappa Nulvi is not taking her share only in the house property and backyard i.e., Suit Schedule C property. Her share in that property (i.e. house C Schedule property) to be allotted to her brothers Irappa Rachappa Nulvi and Basavaraj Rachappa Nulvi equally. The parties to this petition have arrived at a settlement /compromise on their own free will and wish and not under anybody's threat or coercion. The share of Smt. Girija w/o Basavaraj Hosapete in agricultural land to be allotted abutting to the share of Sri Irappa S/o Rachappa Nulvi appellant herein for better cultivation and enjoyment. Wherefore it is humbly prayed that the Honorable Court may please to permit the parties to compromise and record their compromise und please to modify the decree accordingly in the interest of justice and equity.” Sd/- (UMESH M ADIGA) JUDGE VNP / CT-AN List No.: 4 Sl No.: 1