- 1 - HC-KAR NC: 2025:KHC-D:18379 WP No. 102473 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102473 OF 2023 (GM-RES) BETWEEN: PAWAN S/O SANGAPPA HANDIGUND, AGE. 22 YEARS, OCC. AGRICULTURE, R/O. JAGADAL ROAD, TOTAD VASATI, BANAHATTI-587 311, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT. … PETITIONER (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, JAMAKHANDI-587 301, TQ. JAMAKHNANDI, DIST. BAGALKOT. 2. SHRI PARAPPA S/O GIRIMALLAPPA HANDIGUND, AGE. 79 YEARS, OCC. NIL, R/O. JAGADAL ROAD, TOTADA VASATI, BANAHATTI-587 311, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT. 3. SANGAPPA S/O PARAPPA HANDIGUND, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. JAGADAL ROAD, TOTADA VASATI, BANAHATTI-587 311, TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1; SRI. GANGADHAR S. HOSAKERI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 25.01.2023 PASSED BY THE RESPONDENT NO.1 IN BEARING NO.Kra/Msc/Hi Naa/CR/46/2022-23 (ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18379 WP No. 102473 of 2023 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This matter was referred to the mediation to explore the possibility of settlement. 2. Learned counsel appearing for the petitioner files a memo of settlement, which reads as under: “MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF THE CIVIL PROCEDURE READ WITH RULES-24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2007. The parties above named beg to submit as follows: The Petitioner being aggrieved by the order passed by the Assistant commissioner, Jamakhandi bearing no. Kra/MSC-Hi-Na-CR-46/2022-2023, dated. 21.05.2023, is the subject matter of present Writ Petition. The Agriculture land bearing survey no 224/2 measuring 3acres, 16 guntas ( PK-17 guntas) = 2acres 39 guntas situated at Jagadal Village of Jamakhandi Taluk, Bagalkot District. The aforesaid Petition was referred to mediation for resolving the dispute, between the parties. In - 3 - HC-KAR NC: 2025:KHC-D:18379 WP No. 102473 of 2023 the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:- 1. That out of the total extent of survey no. 224/2 the Karnataka Niravari Nigam Ltd has acquired the land to the extent of 1acre, 01 guntas which is reflected in MRT No.96/2021-2022, dated: 30.09.2021, accordingly the name of the said authority is mutated in the name of the KNNL. After deducting the land acquired by the KNNL the remaining land to the extent of 1 acre, 38 guntas is mutated in the name of the Writ Petitioner Sri. Pawan S/o Sangappa @ Sangamesh Handigund. 2. The 3rd Respondent and Petitioner have agreed that the 2nd Respondent shall cultivate the land allotted to him in the present compromise. Further they agreed that they will not cause any hinerance or smooth cultivation of the land by the Respondent no.2 namely Sri. Parappa. 3. That out of 1 acre, 38 guntas, the 1 acre towards western side of RS No. 224/2, has been allotted to the Second respondent namely Sri. Parappa S/o Girimallappa Handigund and remaining 38 guntas towards Eastern Side is allotted to the Petitioner namely Sri. Pawan S/o Sangappa @ Sangamesh Handigund. - 4 - HC-KAR NC: 2025:KHC-D:18379 WP No. 102473 of 2023 4. The Second Respondent namely Sri. Parappa has agreed that he has no objection for a sale of other properties standing in the name of 3rd Respondent namely Sri. Sangappa S/p Parappa Handigund. Further he has agreed to sign all necessary documents for affecting the sale or development of the remaining properties including the deed of conviyence before the Sub-Registrar. 5. That the Petitioner and the 3rd Respondent namely Sri. Sangappa S/o Parappa Handigund have agreed to invest a sum of Rs.20,00,000/- (Twenty Lakhs Rupees only), in a fixed deposit by the name of 2nd Respondent namely Sri. Parappa S/o Girimallappa Handigund & his wife namely Smt. Indravva W/o Parappa Handigund at the rate of Rs.10,00,000/- each within a period of 1 year from the date of disposal of this Petition. 6. In the event of failure on the part of the Petitioner & 3rd Respondent to deposit the said amount within the stipulated period of 1 year the Petitioner and 3rd Respondent shall pay monthly Rs.5,500/- to the 2nd Respondent and a sum of Rs.5,500/- to the Smt. Indravva W/o Parappa Handigund till making the deposit as stated above. 7. The 2nd Respondent has no objection for claiming compensation from the KNNL or any Authority on account of aquisition of the land to the extent of 1 - 5 - HC-KAR NC: 2025:KHC-D:18379 WP No. 102473 of 2023 acre, 1 guntas and further agrees that he does not have any claim over the said amount. 8. The Petitioner and the 3rd Respondent have agreed that they look after the 2nd respondent and his wife Smt. Indravva with utmost Care, Love and Affection. Further they have agreed that the will bear all the Medical expenses of the 2nd Respondent and his Wife. 9. That the Petitioner and the 3rd Respondent has agreed that the income generated out of the 1acre’s land allotted to the 2nd Respondent shall be utilized by the 2nd respondent and his wife exclusively. 10. That the 2nd Respondent agreed that the 1acre of his land allotted to him in survey no.224/2, is only a life interest and thereafter shall be reverted to the Petitioner. 11. That the 2nd Respondent agreed that he will not alienate, create charge, encombarance over the ofersaid 1acre of land alloted to him. 12. That the Petitioner & 2nd Respondent have agreed for modification of the order passed by the 1st respondent bearing No. Kra/MSC-Hi-Na-CR- 46/2022-2023, dated. 21.05.2023, in terms of this agreement. - 6 - HC-KAR NC: 2025:KHC-D:18379 WP No. 102473 of 2023 13. Both the appellant and Respondent’s herein have agreed and admit the terms and conditions stipulated in the compromise petition and affixed their signature in the compromise petition. 14. The terms and conditions of the compromise have been explained to the parties and its consequences in their language known to them and both the parties have voluntarily accepted the terms and conditions of the compromise and affixed their signature without any force, coercion, undue influence or misrepresentation from any side. 15. WHEREFORE, it is most humbly prayed that this Hon’ble Court may be pleased to dispose off the Petition in terms of the compromise entered into between the parties by dissolving the marriage in the interest of justice and equity. 16. Parties will appear on 17.12.2025 before the Hon’ble court for passing orders/decree.” 3. Learned counsel appearing for the petitioner and learned counsel appearing for respondent No.2 are present. The Government is a formal party. - 7 - HC-KAR NC: 2025:KHC-D:18379 WP No. 102473 of 2023 4. The Court has perused the mediation report. After going through the terms and conditions, the Court is of the view that there is no impediment to accept the terms of the settlement. 5. It is stated in the settlement that the petitioner is entitled to 01 acre of land bearing Sy.No.224/2 of Jagadal village, Jamakhandi Taluk and is also entitled to a sum of Rs.20,00,000/- (Twenty Lakhs Rupees only), out of which, Rs.10,00,000/- (Ten Lakhs Rupees only) each shall be paid to respondent No.2 and his wife. It is stated that said payment shall be made within one year from the date of disposal of this petition. In the event of default, the petitioner and respondent No.3 shall pay Rs.5,500/- each per month to respondent No.2 and his wife until the said amount is deposited. 6. After going through the contents of the terms of settlement, the Court does not find any reason to reject the terms of the settlement. 7. It is made clear that payment of Rs.5,500/- per month will not absolve the liability to pay Rs.20,00,000/- referred to above. The default clause to pay Rs.5,500/- per month each to - 8 - HC-KAR NC: 2025:KHC-D:18379 WP No. 102473 of 2023 respondent No.2 and his wife is in addition to Rs.20,00,000/- payable in the event of default. 8. The petitioner and respondents No.2 and 3, who were present before the Court, would jointly submit that they have voluntarily entered into settlement. 9. Hence, the following: ORDER a) The petition is allowed. b) The order dated 25.01.2023 passed by the Assistant Commissioner, Jamakhandi, is set aside and substituted by the terms of the settlement as referred to above. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 38 SL NO.: 18