- 1 - HC-KAR NC: 2025:KHC-D:11868 RSA No. 100268 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO.100268 OF 2017 (PAR) BETWEEN: SRI. DURGADAS S/O. BHAVANISHANKAR KALBHAG, AGED ABOUT 57 YEARS, AGRICULTURIST, R/AT. BALLUR TALUK, BHATKAL. …APPELLANT (BY SRI. VENKATESH M. KHARVI, ADVOCATE) AND: 1. NAGESH S/O. BHAVANISHANKAR KALBHAG, AGED ABOUT 61 YEARS, AGRICULTURIST, R/AT: KEMBRE FARM, SHIRALI-2, BHATKAL TALUK-581354. 2. SMT. SHALINI W/O. DINESH PANDIT, AGED ABOUT 63 YEARS, HOUSE HOLD, R/AT: KEMBRE FARM, SHIRALI-2, BHATKAL TALUK-581354. 3. SMT. ARATHI W/O. GIRISH CHAKRAMANE, AGED ABOUT 61 YEARS, R/AT: KEMBRE FARM, SHIRALI-2, BHATKAL TALUK-581354. 4. MANGESH S/O. BHAVANISHANKAR KALBHAG, AGED ABOUT 59 YEARS, AGRICULTURIST, R/AT KEMBRE FARM, SHIRALI-2, BHATKAL TALUK-581354. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench Date: 2025.09.18 10:54:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11868 RSA No. 100268 of 2017 5. SMT. SHAILAJA W/O. SHRIPAD KALBAGH, AGED ABOUT 58 YEARS, HOUSEWIFE, R/AT: KEMBRE FARM, SHIRALI-2, BHATKAL TALUK-581354. 6. SMT. NANDITA W/O. NAVIN KAMBADKONE, AGED ABOUT 33 YEARS, HOUSEWIFE, R/AT: KEMBRE FARM, SHIRALI-2, BHATKAL TALUK-581354. …RESPONDENTS (BY SRI. SURESH S. BHAT, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING SET ASIDE THE ORDER DATED 29.06.2013 PASSED BY THE PRINCIPAL CIVIL JUDGE BHATKAL IN O.S.NO.119/2011 AND THE JUDGMENT AND DECREE DATED 17.12.2016 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE (ITINERARY COURT, AT BHATKAL) IN R.A.NO.49/2013 AND ALLOW THE APPEAL WITH COST AND ANY OTHER RELIEF DEEMED FIT IN THE, CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) Learned Counsel for the appellant has filed a Memo along with the List of Documents, which is as under: 1. Copy of the RTC extract of Suit schedule A & B property; 2. Copy of the Hand sketch issued by the authorised Surveyor; 3. Copy of the power of attorney in favour of rt No.1 by respondents 2 to 6. - 3 - HC-KAR NC: 2025:KHC-D:11868 RSA No. 100268 of 2017 2. Appellant Sri Durgadas is present. Respondent No.1-Sri Nagesh is present. Respondents 2 to 6 have executed Registered General Power of Attorney in favour of respondent No.1-Nagesh. The General Power of Attorney dated 22nd April 2025 pertains to M/s. Arati Girish Chikramane and Mrs. Shalini W/o Dinesh Pandit; and the General Power of Attorney dated 06th May, 2025 pertains to Mangesh, both GPAs executed in favour of Respondent No.1-Nagesh. The original General Power of Attorneys were also produced before the Court. The same were perused and returned back to the parties. 3. Sri Suresh S Bhat, learned Counsel has filed vakalat on behalf of Nagesh as he is the General Power of Attorney holder of other respondents. Memo along with documents is accepted and placed on record. 4. Compromise petition is filed under Order XXIII Rule 3 of Code of Civil Procedure. The same is signed by the appellant Durgadas and respondent No.1 Sri Nagesh who is the General Power of Attorney holder of respondents 2 to 6. The contents of compromise were read over and explained to the parties. Both - 4 - HC-KAR NC: 2025:KHC-D:11868 RSA No. 100268 of 2017 the parties have accepted that the compromise is voluntary; and the same is lawful. Hence, I proceed to pass the following: O R D E R i) Application filed under Order XXIII Rule 3 of Code of Civil Procedure is allowed. Compromise between the parties recorded; ii) Appeal stands disposed of in terms of the compromise petition; iii) Registry to draw decree accordingly. Compromise petition shall form the part of decree; Sd/- (G BASAVARAJA) JUDGE lnn CT-CMU LIST NO.: 1 SL NO.: 4