- 1 - NC: 2025:KHC-D:5231 RSA No. 100344 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. 100344 OF 2021 (POS-) BETWEEN: 1. SHRI. ASHWIN S/O. MANOHAR HALGEKAR, AGE: 45 YEARS, OCC: BUSINESS, R/O. R.S. NO.29/30, MUNICIPAL NO.774/3, KHANAPUR ROAD, BELAGAVI. 2. SHRI. SURESH S/O. WAMANRAO HALGEKAR, (SINCE DECEASED BY HIS LRS) 2A. SMT. ASHA WD/O. SURESH HALGEKAR, AGE: 64 YEARS, OCC: HOUSEWIFE, R/O. 337, 4TH CROSS, BHAGYANAGAR, BELAGAVI-590006. 2B. SHRI. INDRAJEET S/O. SURESH HALGEKAR, AGE: 41 YEARS, OCC: BUSINESS, R/O. 337, 4TH CROSS, BHAGYANAGAR, BELAGAVI-590006. …APPELLANTS (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. 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:5231 RSA No. 100344 of 2021 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 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.07.2021 PASSED IN R.A.NO.9/2021 BY THE COURT OF THE PRINCIPAL DISTRICT & SESSIONS JUDGE, BELAGAVI AND SET ASIDE THE JUDGMENT AND DECREE DATED 19.03.2018 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE IN O.S. NO.871/2007 AND ETC. 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 filed by defendant Nos.1 and 2 assailing the Judgment and decree dated 31.07.2021 in R.A.No.9/2021, on the file of Prl. District Judge, Belagavi District, dismissing the appeal and confirming the Judgment and decree dated 19.03.2018 in O.S.No.871/2007. 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. - 3 - NC: 2025:KHC-D:5231 RSA No. 100344 of 2021 4. It is submitted by the learned counsel for the parties that the parties to the suit have settled the matter amicably 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 compromise petition/application. It is also submitted by the parties that they have 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.: 20