- 1 - NC: 2025:KHC-D:5230 RSA No. 100343 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100343 OF 2021 (POS-) BETWEEN: SHRI. BALKRISHNA BHAIRU HONGEKAR, AGE: 73 YEARS, OCC: BUSINESS, R/O. CCB 156, II CROSS, VIDYANAGAR, ANAGOL, BELAGAVI-590006. …APPELLANT (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. SHRI. SURENDRA S/O. RAMNATH NAYAK, AGE: 70 YEARS, OCC: ESTATE AGENT, R/O. CHATRAPATI ROAD, “C” SCHEME, TILAKWADI, BELAGAVI-590006. 2. SHRI. RAJENDRA S/O. RAMNATH NAYAK, AGE: 72 YEARS, OCC: ESTATE AGENT, R/O. CHATRAPATI ROAD, “C” SCHEME, TILAKWADI, BELAGAVI-590006. 3. SHRI. KRISHNA S/O. RAMNATH NAYAK, AGE: 60 YEARS, OCC: ESTATE AGENT, R/O. CHATRAPATI ROAD, “C” SCHEME, TILAKWADI, BELAGAVI-590006. …RESPONDENTS (BY SRI S.B. HEBBALLI, ADVOCATE FOR R1; SRI. SHARAD M. PATIL, ADVOCATE FOR R2 & R3) THIS REGULAR SECOND APPEAL IS FILED UNDER SEC.100 READ WITH ORDER XLII RULE 1 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.07.2021 PASSED IN R.A.NO.519/2019 BY THE COURT OF THE PRINCIPAL DISTRICT JUDGE, BELAGAVI DISTRICT, BELAGAVI AND THE JUDGMENT AND DECREE DATED 19.03.2018 PASSED BY THE COURT OF 3RD ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT BELAGAVI IN O.S. NO.870/2007 AND ETC. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.22 15:55:17 +0530 - 2 - NC: 2025:KHC-D:5230 RSA No. 100343 of 2021 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT 1. This appeal is preferred by the defendant assailing the Judgment and decree dated 31.07.2021 in R.A.No.519/2019 on the file of Prl. District Judge, Belagavi District, Belagavi, dismissing the appeal and confirming the Judgment and decree dated 19.03.2018 in O.S.No.870/2007. 2. It is submitted by the learned counsel for the parties that the lis between the parties has been compromised. 3. Parties are present before the Court and are duly identified by their respective learned Advocates. 4. It is submitted by the learned counsel for the parties that the parties to the suit have settled the matter and accordingly, the parties are filing the petition under Order 23 Rule 3 read with Section 151 of CPC. 5. It is submitted by the parties that they have settled the matter as per the terms and conditions stated in the - 3 - NC: 2025:KHC-D:5230 RSA No. 100343 of 2021 compromise petition/application. It is also submitted by the parties that they have settled the matter and filed compromise petition voluntarily without any force or undue influence in the matter. 6. Accordingly the compromise petition is accepted. The Judgment and decree passed by the Courts below are hereby modified in terms of the compromise petition filed today before the Court. 7. The appeal stands disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE sac CT-MCK List No.: 1 Sl No.: 8