- 1 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105742 OF 2022 (LR) BETWEEN: TAVANAPPA ANNAPPA PATIL, SINCE DECEASED BY LR’S., 1. ANNASAHEB S/O TAVANAPPA PATIL, SINCE DECEASED BY LR’S., 1A. SUNANDA W/O ANNASAHEB PATIL, AGE. 75 YEARS, R/O. NO.338, PATIL GALLI, HALAGA, DIST. BELGAUM, PIN-590 001. 1B. RAJSHREE W/O SUDHIR BORE, AGE. 54 YEARS, R/O. NO.338, PATIL GALLI, HALAGA, DIST. BELGAUM, PIN-590 001. 1C. LALITKUMAR S/O ANNASAHEB PATIL, AGE. 51 YEARS, R/O. NO.338, PATIL GALLI, HALAGA, DIST. BELGAUM, PIN-590 001. 1D. SANJEEV S/O ANNASAHEB PATIL, AGE. 48 YEARS, R/O. NO.338, PATIL GALLI, HALAGA, DIST. BELGAUM, PIN-590 001. 2. BAHUBALI S/O TAVANAPPA PATIL S/O TAVANAPPA PATIL, AGE: 72 YEARS, R/O: NO. 338, PATIL GALLI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:32:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 HALAGA, BELGAUM (TA) AND (D), PIN: 590 001. 3. SUKUMAR S/O TAVANAPPA PATIL S/O TAVANAPPA PATIL, SINCE DECEASED BY HIS LR’S., 3A. SHOBA W/O SUKUMAR PATIL, AGE: 65 YEARS, R/O: NO. 338, PATIL GALLI, HALAGA, BELGAUM (TA) AND (D), PIN: 590 001. 3B. RAJSHREE BHARTESH SANKESHWARI, AGE. 42 YEARS, YEARS, R/O: NO. 338, PATIL GALLI, HALAGA, BELGAUM (TA) AND (D), PIN: 590 001. 3C. ANAND S/O SUKUMAR PATIL, AGE. 35 YEARS, R/O: NO. 338, PATIL GALLI, HALAGA, BELGAUM (TA) AND (D), PIN: 590 001. 3D. GEETA PRAKASH *MAT, AGE. 34 YEARS, R/O: NO. 338, PATIL GALLI, HALAGA, *TQ. AND DIST: BELAGAVI-590 001. 4. BHARAMAPPA S/O TAVANAPPA PATIL S/O TAVANAPPA PATIL, AGE: 60 YEARS, R/O: NO. 338, PATIL GALLI, HALAGA, BELGAUM (TA) AND (D), PIN: 590 001. 5. SMT. NIRMALA W/O *KAKASO PATIL D/O TAVANAPPA PATIL, *Corrected vide court order dated 27.11.2025 (ARHJ) - 3 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 AGE: *75 YEARS, R/O: *NAGAON, TQ. AND DIST: KOLHAPUR-416 112. 6. SMT. SAROJINI *S. PATIL, D/O TAVANAPPA PATIL AGE: 74 YEARS, R/O: KUDACHI, *TQ. AND DIST: BELAGAVI-591 311. 7. SMT. *SHAKUNTALA TAVANAPPA PATIL D/O TAVANAPPA PATIL, AGE: 64 YEARS, R/O: NO. 338, PATIL GALLI, HALAGA, TQ. AND DIST: BELAGAVI-590 020. 8. *GANGUBHAI BHOPAL SANKARGOUD SINCE DECEASED BY HER LR’S., 8A. VAJRA BHARMAPPA PATIL, AGE. MAJOR, R/O. NO.108, PATIL GALLI, ALARWAD, DIST. BELGAUM, PIN-590 001. 8B. SUJATA SURESH SHIVANNAVAR, AGE. MAJOR, R/O. NO.108, PATIL GALLI, ALARWAD, DIST. BELGAUM, PIN-590 001. 8C. NEETA SUNIL NAIK, AGE. MAJOR, R/O. NO.108, PATIL GALLI, ALARWAD, DIST. BELGAUM, PIN-590 001. … PETITIONERS (BY SRI. JAGADISH PATIL, ADVOCATE) *Corrected vide court order dated 27.11.2025 (ARHJ) - 4 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS REVENUE SECRETARY, VIDHAN SOUDHA, BENGALURU-560 001. 2. THE LAND TRIBUNAL, REPRESENTED BY ITS CHAIRMAN, BELAGAVI, DIST: BELAGAVI, PIN: 590 001. *BABURAO ANNAPPA PATIL, SINCE DECEASED BY LR’S., 3. SMT. GULABIBHAI BABURAO PATIL W/O BABURAO PATIL, AGE: MAJOR, R/O: NO.467, SHERIGALLI, BELAGAVI-590 001. 4. BHARAT S/O BABURAO PATIL, AGE: MAJOR, R/O: 467, SHERIGALLI, BELAGAVI-590 001. 5. *BHUSHAN S/O BABURAO PATIL, AGE: MAJOR, R/O: 467, SHERIGALLI, *TQ. AND DIST: BELAGAVI-590 001. 6. H.P. BHARATI *PARSHSAWANATHAIH W/O *H.V. PARSHSAWANATHAIH, AGE: MAJOR, R/O: 467, SHERIGALLI, BELAGAVI-590 001. 7. SMT. MANGALA VIJAY *KAGALE W/O: VIJAY *KAGALE, AGE: MAJOR, R/O: 467, SHERIGALLI, *Corrected vide court order dated 27.11.2025 (ARHJ) - 5 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 BELAGAVI-590 001. 8. SMT. GEETA *SHEENA MATHUR W/O *SHEENA MATHUR, AGE: MAJOR, R/O: NO. 467, SHERIGALLI, BELAGAVI-590 001. JINNAPPA ANNAPPA PATIL KUSUMAVVA JINNAPPA PATIL, THATYASAHEB JINNAPPA PATIL, SINCE DECEASED BY THEIR LR’S., 9. *RATNMALA T. PATIL D/O THATYASAHEB JINNAPPA PATIL, AGE: MAJOR, R/O: HALAGA VILLAGE, *TQ. AND DIST: BELAGAVI-590 001. 10. NITHINKUMAR T. PATIL S/O THATYASAHEB JINNAPPA PATIL, AGE: MAJOR, R/O: HALAGA VILLAGE, BELAGAVI (TA) AND (D), PIN-590 001. 11. ROOPA T. PATIL D/O THATYASAHEB JINNAPPA PATIL, AGE: MAJOR, R/O: HALAGA VILLAGE, BELAGAVI (TA) AND (D), PIN-590 001. MAHAVEER S/O JINNAPPA PATIL, SINCE DECEASED BY HIS LR’S., 12. SMT. *PADMAVATI W/O MAHAVEER PATIL, AGE: MAJOR, R/O: HALAGA VILLAGE, *Corrected vide court order dated 27.11.2025 (ARHJ) - 6 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 *TQ. AND DIST: BELAGAVI-590 001. 13. NAGARAJ S/O MAHAVEER PATIL, AGE: MAJOR, R/O: HALAGA VILLAGE, BELAGAVI (TA) AND (D), PIN-590 001. 14. SMT. *NAGAMATI W/O *CHANDRAKANT PATIL, D/O MAHAVEER PATIL, AGE: MAJOR, R/O: HALAGA VILLAGE, *TQ. AND DIST: BELAGAVI-590 001. 15. APPASAHEB JINNAPPA PATIL, S/O JINNAPPA PATIL, AGE: MAJOR, R/O: HALAGA VILLAGE, BELAGAVI (TA) AND (D), PIN-590 001. 16. SUBHASH S/O JINNAPPA PATIL, AGE: MAJOR, R/O: HALAGA VILLAGE, BELAGAVI (TA) AND (D), PIN-590 001. 17. *SHANTINATH S/O JINNAPPA PATIL, AGE: MAJOR, R/O: HALAGA VILLAGE, *TQ. AND DIST. BELAGAVI-590 001. 18. PRADEEP S/O JINNAPPA PATIL, SINCE DECEASED BY HIS LR’S., 18A. SMT. PRATHIBA W/O PRADEEP PATIL, AGE. 57 YEARS, R/O: HALAGA, *TQ. AND DIST. BELAGAVI-*590 001. 18B. JYOTI NIRANJANKUMAR JAIN, AGE. 38 YEARS, R/O: HALAGA, *Corrected vide court order dated 27.11.2025 (ARHJ) - 7 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 DIST. BELAGAVI, PIN-590 003. 18C. ARTHI ANIL HANMANNAVAR, AGE. 36 YEARS, R/O: HALAGA, DIST. BELAGAVI, PIN-590 003. 18D. DARSHAN S/O PRADEEP PATIL, AGE. 34 YEARS, R/O: HALAGA, DIST. BELAGAVI, PIN-590 003. 19. SHRI. *JINADATT S/O GUNDAPPA DESAI, AGE: 90 YEARS, OCC: RETIRED, R/O: MAHANTESH NAGAR, *TQ. AND DIST: BELAGAVI. PIN-590 001. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; V/O/DTD 14/11/2024 R3 IS ABATED; SRI. RAVIRAJ C. PATIL, ADVOCATE FOR R4; NOTICE TO R5 IS SERVED; SRI. JAGADISH PATIL, ADVOCATE FOR R6, R7, R8; SRI. S.S. BALLOLI, ADVOCATE FOR R9 TO R18; SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R19) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY RESPONDENT NO.2 DATED 06/10/2022 IN NO.KRA. HALAGA/SR-12+21+51 VIDE ANNEXURE-K WITH RESPECT TO THE PETITIONERS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *Corrected vide court order dated 27.11.2025 (ARHJ) - 8 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Sri Mallikarjun Swamy Hiremath, learned counsel appearing for the petitioner undertakes to file vakalath on behalf of respondent No.19. 2. Learned counsel is permitted to file vakalath in the Registry. 3. Learned counsel for the petitioners and learned counsel for respondents No.3 to 18 jointly submit that the dispute is amicably settled in respect of the land for which the occupancy is granted by the Land Tribunal. 4. It is also noticed that some of the respondents have died during the pendency of the Writ Petition and legal representatives are already brought on record. 5. An application is filed under Order XXIII Rule 3 of the Code of Civil Procedure recording settlement. The - 9 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 application is also accompanied by the Aadhar Cards of the parties who are entering into settlement. 6. Learned counsel for the respective parties identify the parties who are present before the Court. 7. It is noticed that in terms of the impugned order, the Land Tribunal has granted occupancy right in respect of certain lands excluding Sy.No.232 measuring 6 acres 20 guntas of Halaga Village of Taluka Belagavi. 8. It is stated by the learned counsel for the petitioners and the learned counsel for the respondents, that the settlement does not cover Sy.No.*232 measuring 6 acres 20 guntas referred to above as the occupancy is not granted in respect of the said property. 9. The Court has made inquiries with the parties who are present before the Court and the parties submit that they have voluntarily entered into settlement. *Corrected vide court order dated 27.11.2025 (ARHJ) - 10 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 10. The terms of the settlement are as under: "COMPROMISE PETITION UNDER ORDER XXIII RULE 3 R/w SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908 The Petitioners and respondents most respectfully submit as under: 1. The petitioners are the Legal Heirs of Tavanappa Annappa Patil, who was the protected tenants concerning land bearing R.S. No. 231 measuring 17 acres 4 gunthas and R.S. No. 232 measuring 20 acres 19 gunthas situated at Halga Village, Belagavi. Further Respondent No. 3 to 18 are the legal heirs of two other applicants namely *Baburao Annappa Patil and Shri Jinnappa Annappa Patil. One Sri Jinadatta S/o Gundappa Desai was the owner of the lands in question. 2. That since filing of the Form No. 7 there has been prolonged litigation between the petitioners and respondents i.e. rival tenants before the Land Tribunal, Belagavi and also before this Honble Court. In order to end the animosity and the dispute between the parties the elders of the village have intervened and asked the petitioners and the respondents to settle the disputes amicably by dividing the land. 3. The petitioners and the respondents i.e. rival tenants after having detailed discussions between themselves have resolved to settle the dispute amicably in the presence of the elders out of their own free will, wish and consent. The petitioners and the respondents i.e. rival tenants have resolved to settle the dispute on the following terms and conditions: *Corrected vide court order dated 27.11.2025 (ARHJ) - 11 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 i. It has been resolved between the parties that land an extent of 07 acres 00 gunthas in land measuring R.S. No. 231 and R.S. No. 232 situated in Halaga Village, Belagavi Taluka is allotted to the share of *Baburao S/o Annappa Patil since deceased by his Legal Heirs respondent No. 4 to 8. Further the respondent No. 3 being the mother of 4 to 8 has relinquished her share in favour of respondents No. 4 to 8. The area allotted to the legal heirs of late Shri Babu Annappa Patil is shown in the hand sketch map with marking “A” annexed to this compromise petition. ii. It has been resolved between the parties that 07 acres 00 gunthas comprising in R.S. No. 231 and R.S. No. 232 situated at Halaga Village, Belagavi Taluka is allotted to the share of Late Jinnappa Annappa Patil since deceased by his LR’s respondents No. 9 to *18. The said respondents No. 9 to *18 are in joint possession of the land and area allotted to them is marked as “B” in the hand sketch map annexed to this compromise petition. *Corrected vide court order dated 27.11.2025 (ARHJ) - 12 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 iii. Further an area measuring 16 acres 15 gunthas comprising in land bearing R.S. No. 231 and 232 situated at Halga Village, Belagavi Taluka, Belagavi is allotted to the share of late Shri Tavanappa S/o Annappa Patil represented by his Legal Representatives Petitioner No. 1 to 8. The petitioner No. 1 to 8 are already in joint possession of area measuring 16 acres 15 gunthas and area allotted to them is marked in hand sketch with alphabet “D” and is annexed to this compromise petition. 4. In view of the compromise arrived at between the parties, the respective petitioners and the respondents can enjoy the aforesaid portion of the land allotted, held and possessed by them as per the terms in point 3(i) to 3(iii) descripted above and also shown in map/hand sketch annexed to this compromise petition. 5. The petitioners and the respondents have also amicably resolved to get their names mutated into the revenue records and to get surveyed the land at their own cost as per the compromise petition in order to avoid future complications/litigations. 6. That with respect to 7 acres 8 gunthas consisting of lake to an extent of 28 gunthas and government land to an extent of 06 acres 20 gunthas out of R.S. No. 232 situated within limits of Halaga village, Belagavi Taluka which is marked as “C”. The petitioners and the - 13 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 respondents have amicably resolved that they do not have any claim, rights or title with respect to the particular portion in view of the order passed by the Land Tribunal, Belagavi and the present compromise has been entered into excluding the said area. Further, the petitioners and the respondents have agreed upon that the present compromise petition is final and that they or their legal heirs shall not make any claims apart from the share they are allotted to. 7. That as hand sketch/map annexed to this petition has been drawn as per the terms of the compromise arrived to and hence the hand sketch/map shall be treated as part and parcel of this compromise petition. 8. That the petitioners and the respondents amicably agree and declare that the present compromise petition is out of their own free will and consent without there being any undue influence, threat, coercion and the present compromise petition has been signed only after understanding the contents of the same. 9. It has been agreed upon that the legal heirs of Babu Annappa Patil and Late Sri Jinnappa Annappa Patil shall not cause any obstruction for the possession of the land held and possessed by the petitioners i.e. Legal Heirs of Tavanappa S/o Annappa Patil and agree to not put up any claim over the property held and possessed by the petitioners. 10. It has been agreed upon that the legal heirs of the petitioners shall not cause any obstruction to the peaceful possession and enjoyment or put up any claim over the property held and possessed by the legal heirs - 14 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 of late Shri Babu Annappa Patil and legal heirs of Late Shri Jinnappa Annappa Patil and that petitioners have no right, title, claim and interest in the lands as per the compromise arrived at between the parties. 11. In pursuance of the compromise arrived at the parties have signed to the present petition out of their own free will, wish and consent and after understanding the contents of the same. Wherefore it is most humbly prayed that this Hon’ble Court be pleased to accept the joint compromise petition submitted by the parties and pass orders accepting the same in the interest of justice and equity." 11. After having gone through the terms of settlement, this Court does not find any impediment to accept the settlement. It is noticed that the petitioners and the respondents No.4 to 18 have apportioned the properties as stated in the compromise petition. Sketch is also annexed along with the petition demarcating the extent of the properties allotted to the respective parties. Said Sketch shall form the part of this order. 12. Hence the following: - 15 - HC-KAR NC: 2025:KHC-D:13956 WP No. 105742 of 2022 ORDER (i) Writ Petition is disposed of. (ii) The impugned judgment dated 06.10.2022 on the file of Land Tribunal, Belagavi is modified in terms of the settlement. (iii) Insofar as the order passed by the Tribunal as regards Sy.No.232 measuring 6 acres 20 guntas in *Halaga Village of Taluka Belagavi is not disturbed. (iv) Concerned Tahasildar shall make necessary changes in the property records covered by the settlement referred to above in accordance with law. (v) The compliance shall be made within 90 days from the date of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 1 SL NO.: 134 *Corrected vide court order dated 27.11.2025 (ARHJ)