- 1 - HC-KAR NC: 2025:KHC-D:15698 WP No. 105744 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105744 OF 2025 (GM-RES) BETWEEN: 1. SHRI. MALLAPPA JYOTIBA HARAGE, AGE: 84 YEARS, OCC. AGRICULTURE, R/O. KODAGANUR, TAL: ATHANI, DIST. BELAGAVI – 591 304. 2. SMT SAVUBAI MALLAPPA HARAGE, DIED ON 16.10.2025 BY LR PETITIONERS AND RESPONDNET. 3. SMT. PUTTAKKA DHAREPPA KAIRAVAKAR, AGE: 49 YEARS, OCC. AGRICULTURE, R/O. ADIVADI, JAMKHANDI, BAGALKOT – 587 330. 4. SMT. RAJAKKA W/O. BASAPPA ATAPATKAR, AGE: 46 YEARS, OCC. AGRICULTRE, R/O. CHINCHALI, TAL: RAIBAG, BELAGAVI – 591 217. 5. SMT. UJVALA W/O. SIDDUBA ASTAPATKAR, AGE: 39 YEARS, OCC. AGRICULTURE, R/O. MOLE TAL ATHANI, BELAGAVI – 591 303. …PETITIONERS (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: SHRI. DHONDIBA MALLAPPA HARAGE, AGE. 53 YEARS, OCC. AGRICULTURE, KODAGANUR, TAL: ATHANI, DIST: BELAGAVI – 591 304. …RESPONDENT (BY SRI. S. B. PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER AND COMPROMISE DECREE DATED 25.06.2014 IN COMPROMISE DECREE IN O.S.NO.749/2014 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC, ATHANI VIDE ANNEXURE C AND D AND ETC., Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15698 WP No. 105744 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer. A. Issue a writ of certiorari or any other writ quashing the order and compromise decree dated 25.06.2014 in Compromise Decree in O.S.No.749/2014 passed by the II Additional Civil Judge and JMFC, Athani vide Annexure C and D. B. Issue any other writ or directions to meet the ends of justice. 2. During the pendency of the petition, it transpires that, petitioner No.2 is no more and the legal representatives of the petitioner No.2 are already on record. The petitioner also files an amended cause title. Same is taken on record. 3. During the subsistence of the subject petition, the parties to the lis have settled the dispute amongst themselves by drawing up certain terms of settlement. The terms of settlement so drawn read as follows: “1. The petitioners are challenging/assailing the validity and legality of the Order and Compromise Decree dated 25.06.2014 in Compromise decree in OS No 749/2014 passed by the II Addl Civil Judge and JMFC, Athani. - 3 - HC-KAR NC: 2025:KHC-D:15698 WP No. 105744 of 2025 2. The petitioners and respondent at the intervene of elder of village and elder of community have amicable settled dispute as under 3. The petitioners and respondent submit that the impugned LokAdalat order and compromise decree dated 26.06.2014 in OS No 749/2014 passed by II Addl. Civil Judge and JMFC-Athani may kindly be modified by allotting share in suit property bearing RS No 73/2Kadmeasuring 1 Acre-32 Gunthas situated at Kodaganur, Tal; Athani, Dist; Belagavi is as under a. That in pursuance of settlement, the respondent is entitled for 16 Gunthas of land in RS No 73/2 Kadmeasuring 1 Acre-32 Gunthas situated at Kodaganur, Tal; Athani, Dist; Belagavi bounded is as under East Property ;of KallappaHarage West Property ; of BharateshPadasalagi North Property; of Petitioner No 1 South Property ; of GopalKhillari The petitioners have no claim of whatsoever, in any manner over property allotted to the respondent and respondent is liberty to deal with property absolutely. b. That in pursuance of settlement, the petitioner No 1 is entitled for 14 Gunthas of land inRS No 73/2Kadmeasuring 1 Acre-32 Gunthas situated at Kodaganur, Tal; Athani, Dist; Belagavi bounded is as under East Property ; of KallappaHarage West Property ; of BharateshPadasalagi South Property; allotted to respondent North Property; allotted to petitioner no 3 The petitioner No 3 to 5 and respondent have no claim of whatsoever, in any manner over property allotted to the respondent and respondent is liberty to deal with property absolutely. c. That in pursuance of settlement, the petitioner No 3 is entitled for 14 Gunthas of land in RS No - 4 - HC-KAR NC: 2025:KHC-D:15698 WP No. 105744 of 2025 73/2Kadmeasuring 1 Acre-32 Gunthas situated at Kodaganur, Tal; Athani, Dist; Belagavi bounded is as under East Property ; of KallappaHarage West Property ; of BharateshPadasalagi South Property; Land allotted to petitioner No 1 North Property ; Land allotted to petitioner nо 4 The petitioner No 1, 4 and 5 and respondent have no claim of whatsoever, in any manner over property allotted to the respondent and respondent is liberty to deal with property absolutely. d. That in pursuance of settlement, the petitioner No 4 is entitled for 14 Gunthas of land in RS No 73/2Kadmeasuring 1 Acre-32 Gunthas situated at Kodaganur, Tal; Athani, Dist; Belagavi bounded is as under East Property ; of KallappaHarage West Property ; of BharateshPadasalagi South Property; land allotted to Petitioner No 3 North Property; land allotted to petitioner no 5 The petitioner No 1, 3 and 5 have no claim of whatsoever, in any manner over property allotted to the respondent and respondent is liberty to deal with property absolutely. e. That in pursuance of settlement, the petitioner No 5 is entitled for 14 Gunthas of land in RS No 73/2Kadmeasuring 1 Acre-32 Gunthas situated at Kodaganur, Tal; Athani, Dist; Belagavi bounded is as under East Property ; of KallappaHarage West Property ; of BharateshPadasalagi South Property; land allotted to petitioner no 4 North Property ; of AppasabHarage 4. The petitioners and respondent have arrived at this compromise out of their free will, without any compulsion from any one in any manner and hereby voluntarily certifies that the properties allotted to the - 5 - HC-KAR NC: 2025:KHC-D:15698 WP No. 105744 of 2025 petitioners and respondent respectively is just, equal and proper and to the utmost satisfaction as is mutually agreed between petitioners and respondent. 5. The contents of this compromise petition have been read over before the petitioners and respondent and that the same are explained to them in their vernacular language and after being satisfied that the same are in accordance with the compromise arrived at between the petitioners and respondent have subscribe their respective signatures to this Compromise Petition. Wherefore, it is most humbly prayed that the Order and Compromise Decree dated 25.06.2014 in Compromise decree in OS No 749/2014 passed by the II Addl Civil Judge and JMFC, Athanimay kindly be modified in aboveterms and final Decree be drawn as per compromise.” 4. In the light of the said settlement arrived at between the parties, I deem it appropriate to close the subject petition recording the said compromise and in terms of the said compromise. 5. It is needless to observe that the parties to the lis would adhere to the compromise so entered into upon which the present petition now stands disposed. Ordered accordingly. In the light of the compromise so arrived at between the parties, the concerned Court is directed to draw a decree in - 6 - HC-KAR NC: 2025:KHC-D:15698 WP No. 105744 of 2025 terms of the said compromise in O.S. No.749/2014 without brooking any further delay. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 376