- 1 - HC-KAR NC: 2025:KHC-D:13431 RSA No. 100300 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR SECOND APPEAL NO. 100300 OF 2025 (SP/DE/IN) BETWEEN: 1. SMT. LAXMI W/O. SHIVAPPA HUDED AGE. 44 YEARS, OCC. HOUSEHOLD WORK, R/O. PADMANDI TALUKA: RAMDURG, DIST. BELAGAVI 598364. 2. SHRI ASHOK S/O. BABU GURAKI AGE. 40 YEARS, OCC. AGRICULTURE R/O. HULKUND TALUKA: RAMDURG, DIST. BELAGAVI 591130. 3. SHRI SURESH S/O. BABU GURAKI AGE. 38 YEARS, OCC. AGRICULTURE R/O. HULKUND TALUKA: RAMDURG, DIST. BELAGAVI 591130. 4. SMT. MAHADEVI @ TANGEVVA W/O. MARUTI TONDIKATTI AGE. 36 YEARS, OCC. HOSEHOLD WORK R/O. KATKOL, TALUKA RAMDURG, DIST. BELAGAVI 591114. 5. HANAMANT S/O. BABU GURAKI AGE. 34 YEARS, OCC. AGRICULTURE R/O. R/O. HULKUND TALUKA: RAMDURG, DIST. BELAGAVI 591130. …APPELLANTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.26 14:38:15 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13431 RSA No. 100300 of 2025 AND: SHRI. KUMAR S/O. RAMAPPA VADDAR AGE. 41 YEARS, OCC. AGRICULTURE R/O. HULKUND TALUKA RAMDURG, DIST. BELAGAVI 591130. …RESPONDENT (BY SRI. P.G. NAIK, ADVOCATE) THIS RSA UNDER SECTION 100 OF CPC, PRAYING TO THIS HONBLE COURT, THAT, THE IMPUGNED JUDGMENT AND DECREE DATED 29.04.2025 IN R.A.NO.68/2024 PASSED BY THE X ADDITIONAL DISTRICT JUDGE, BELAGAVI AT BELAGAVI IN DISMISSING THE SAID REGULAR APPEAL ON THE GROUND DELAY IN FILING THE SAID APPEAL BY DISMISSING THE APPLICATION AS IA NO.I FILED UNDER SECTION 5 OF LIMITATION ACT AND CONSEQUENTIAL REGULAR APPEAL BY CONFIRMING THE IMPUGNED JUDGMENT AND DECREE DATED 27.04.2024 IN O.S.NO.95/2023 PASSED BY THE SENIOR CIVIL JUDGE RAMDURG, BE KINDLY SET ASIDE, BY ALLOWING THIS APPEAL AND REMANDING THE MATTER TO THE LOWER APPELLATE COURT TO HEAR THE SAID RA NO.68/2024 ON ITS MERITS OR REMANDING THE MATTER TO THE TRIAL COURT IN O.S.NO.95/2023 AND DIRECTING THE TRAIL COURT TO HEAR THE SAID SUIT ON ITS MERTIS, BY GRANTING OPPORTUNITY TO THE APPELLANTS HEREIN TO FILE WRITTEN STATEMENT, LEAD EVIDENCE ETC., ITH COSTS IN ITS ENTIRETY THROUGHT THE PROCEEDINGS UPON THE RESPONDENTS HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:13431 RSA No. 100300 of 2025 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE G BASAVARAJA) 1. The parties and their respective advocates are present before this Court and have filed a memo, which reads as under: “The Respondent respectfully submits as follows: That in pursuance of the settlement arrived at between the parties, the Respondent is hereby paying to each of the Appellants the settled amount in cash in the following manner: 1. Smt. Laxmi W/o Shivappa Huded Rs. 2,00,000/-(Rupees Two Lakhs only), consisting of 400 notes of Rs. 500/-denomination, arranged in 4 bundles of Rs. 50,000/- each. 2. Ashok S/o Babu Guraki - Rs. 2,00,000/- (Rupees Two Lakhs only), consisting of 400 notes of Rs. 500/- denomination, arranged in 4 bundles of Rs. 50,000/- each. 3. Suresh S/o Babu Guraki- Rs. 2,00,000/- (Rupees Two Lakhs only), consisting of 400 notes of Rs. 500/- denomination, arranged in 4 bundles of Rs. 50,000/- each. 4. Smt. Mahadevi Tangevva W/o Maruti Tondikatti Rs.2,00,000/- (Rupees Two Lakhs only), consisting of 400 notes of Rs. 500/- denomination, arranged in 4 bundles of Rs.50,000/-each. - 4 - HC-KAR NC: 2025:KHC-D:13431 RSA No. 100300 of 2025 5. Hanamant S/o Babu Guraki - Rs. 2,00,000/- (Rupees Two Lakhs only), consisting of 400 notes of Rs. 500/-denomination, arranged in 4 bundles of Rs. 50,000/- each. The Respondent has handed over the above settlement amount in the manner stated to each of the respective Appellants, and prays that the same may kindly be recorded by this Hon'ble Court.” 2. Along with memo Joint Acknowledgement by the appellants is produced. 3. A Memorandum of Agreement filed under Section 89 of the Civil Procedure Code (for short, ‘the CPC’) read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007, is placed on record. 4. The contents of the compromise petition have been read over and explained to the parties in the kannada language. The matter has been settled before the Mediation Centre. 5. The parties have agreed to the terms of the Memorandum of Agreement. Today, in terms of the memo, respondent-Kumar S/o Ramappa Vaddar, has paid an amount of Rs.2,00,000/- each to Smt.Laxmi W/o Shivappa - 5 - HC-KAR NC: 2025:KHC-D:13431 RSA No. 100300 of 2025 Huded, Ashok S/o Babu Guraki, Suresh S/o Babu Guraki, Smt.Mahadevi @ Tangevva W/o Maruti Tondikatti and Hanamant S/o Babu Guraki and the same has been acknowledged by the appellants. 6. The Memorandum of Agreement is lawful and voluntary. Hence, the same is accepted and I proceed to pass the following: ORDER i. The Memorandum of Agreement filed under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007 and the compromise petition filed thereunder are allowed. ii. The compromise is recorded, and it shall form part of the decree. iii. In view of the compromise petition, the appeal stands disposed of. - 6 - HC-KAR NC: 2025:KHC-D:13431 RSA No. 100300 of 2025 iv. Draw decree accordingly. v. In para 10 of the Memorandum of Agreement, a request has been made for refund of court fee to appellant No.5 – Hanumant S/o Babu Guraki. vi. Considering this submission, the same is accepted. vii. The Registry is directed to refund the Court fee in favour of appellant No.5 – Hanumant S/o Babu Guraki with proper identification as per rules. Sd/- (G BASAVARAJA) JUDGE AC CT-CMU LIST NO.: 1 SL NO.: 48