- 1 - HC-KAR NC: 2025:KHC-D:18373 RSA No. 100678 of 2018 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100678 OF 2018 BETWEEN: 1. SMT. LAXMI W/O. LATE BASAVARAJ HUGAR (PUJAR), AGE: 40 YEARS, OCC. AGRICULTURIST AND ANGANAWADI HELPER, R/O. ALABANOOR VILLAGE, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT MARLANAHALLI, TALUK: GANGAVATHI, DIST. KOPPAL. 2. KUMAR SANTHOSH S/O. LATE BASAVARAJ HUGAR (PUJAR), AGE: 21 YEARS, R/O. ALABANOOR VILLAGE, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT MARLANAHALLI, TALUK: GANGAVATHI, DIST. KOPPAL. 3. KUMARI PANKAJA D/O. LATE BASAVARAJ HUGAR (PUJAR), AGE: 19 YEARS, R/O. ALABANOOR VILLAGE, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT MARLANAHALLI, TALUK: GANGAVATHI, DIST. KOPPAL. …APPELLANTS (BY SRI. SATISH M.S., ADVOCATE) AND: 1. SMT. RATNAMMA W/O. LATE RUDRAPPA HUGAR (PUJAR), YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.12.19 11:08:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18373 RSA No. 100678 of 2018 SINCE DEAD BY HER LRS ARE ALREADY ON RECORD I.E. R2 TO R4 2. CHANNABASAPPA S/O. LATE RUDRAPPA HUGAR (PUJAR), AGE: 60 YEARS, OCC. AGRICULTURE, R/O ALABANOOR, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT BEHIND THE HOUSE OF M. MALLIKARJUNA EX-MINISTER, NEAR NEELAKANTESHWARA TEMPLE, GANGAVATHI, DIST. KOPPAL. 3. SHARANAPPA S/O. LATE RUDRAPPA HUGAR (PUJAR) SINCE DECEASED BY HIS LRS. 3A. SMT. ERAMMA W/O. LATE SHARANAPPA, AGED ABOUT 73 YEARS, OCC. HOUSEHOLD, R/O. ALABANOOR VILLAGE AND POST, SINDHANOOR TALUK, RAICHUR DISTRICT-584128. 3B. SRI. SHARANABASAVA S/O. LATE SHARANAPPA, AGED ABOUT 35 YEARS, OCC. HOUSEHOLD, R/O. ALABANOOR VILLAGE AND POST, SINDHANOOR TALUK, RAICHUR DISTRICT-584128. 3C. SMT. VANI D/O. LATE SHARANAPPA, AGED ABOUT 30 YEARS, OCC. HOUSEHOLD, R/O. ALABANOOR VILLAGE AND POST, SINDHANOOR TALUK, RAICHUR DISTRICT-584128. 3D. SMT. JYOTHI D/O. LATE SHARANAPPA, AGED ABOUT 26 YEARS, OCC. HOUSEHOLD, R/O. ALABANOOR VILLAGE AND POST, SINDHANOOR TALUK, RAICHUR DISTRICT-584128. 4. SMT. BASAMMA W/O. SHANKRAPPA HUGAR (PUJAR), AGE: 47 YEARS, - 3 - HC-KAR NC: 2025:KHC-D:18373 RSA No. 100678 of 2018 OCC. AGRICULTURE AND HOTEL BUSINESS, R/O. ALBANOOR, TALUK: SINDHANOOR, NOW RESIDING AT GUNNAL VILLAGE BY THE SIDE OF NATIONAL HIGH WAY NO.13, TALUK: YELBURGA, DISTRICT: KOPPAL. 5. SMT. HEMAVATHI W/O. LATE CHANDRASHEKHAR HUGAR (PUJAR), AGE: 37 YEARS, OCC. HOUSEHOLD, R/O. ALBANOOR, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT MARLANAHALLI, TALUK: GANGAVATHI, DISTRICT: KOPPAL. SINCE MISSING FROM 01.01.2016 REPRESENTED BY HER LRS RESPONDENT NO.6 AND 7. 6. KUMARI NANDINI D/O. LATE CHANDRASHEKHAR HUGAR (PUJAR), W/O. MAHANTESH HUGAR, AGE: 20 YEARS, OCC. HOUSEHOLD, R/O. AMINGHAD VILLAGE, TALUK: HUNGUND, DISTRICT: BAGALKOTE. 7. KUMAR MANJUNATH S/O. LATE CHANDRASHEKHAR HUGAR (PUJAR), AGE: 18 YEARS, OCC. COOLIE, R/O. WARD NO.20, BEHIND THE HOUSE OF M. MALLIKARJUNA, EX-MINISTER, NEAR NEELAKANTESHWARA TEMPLE, GANGAVATHI. 8. SMT. BASAMMA W/O. LATE BASAPPA HUGAR (PUJAR), AGE: 82 YEARS, OCC. AGRICULTURE, R/O. ALBANOOR, TALUK: SINDHANOOR, DISTRICT: RAICHUR. 9. BASAPPA S/O. LATE BASAPPA HUGAR (PUJAR), AGE: 57 YEARS, OCC. AGRICULTURE, R/O. ALBANOOR, TALUK: SINDHANOOR, DISTRICT: RAICHUR. - 4 - HC-KAR NC: 2025:KHC-D:18373 RSA No. 100678 of 2018 …RESPONDENTS (BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE FOR R8 TO R11; SRI. L.M. KURAHATTI, ADVOCATE FOR R2, R4, R6, R7 AND R3(A) TO R3(D); R2 TO R4 ARE LRS OF R1 (V/O DATED 12.07.2022) R5-DISPENSED WITH (V/O DATED 17.12.2025) THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.55/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI AND IN R.A.NO.36/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GANGAVATHI AND TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE IN R.A.NO.36/2016 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, GANGAVATHI DATED 29.01.2018 AND THEREBY UP HELD THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT IN O.S.NO.55/2013 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI DATED 12.07.2016 BY ALLOWING THIS APPEAL WHILE DECREEING THE SUIT OF THE APPELLLANT AND ETC. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 10. BASAVARAJ S/O. LATE BASAPPA HUGAR (PUJAR), AGE: 52 YEARS, OCC. AGRICULTURE, R/O. ALBANOOR, TALUK: SINDHANOOR, DISTRICT: RAICHUR. 11. AMARESH S/O. LATE BASAPPA HUGAR (PUJAR), AGE: 45 YEARS, OCC. AGRICULTURE, R/O. ALBANOOR, TALUK: SINDHANOOR, DISTRICT: RAICHUR. - 5 - HC-KAR NC: 2025:KHC-D:18373 RSA No. 100678 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C M JOSHI) Learned counsel appearing for the applicants and respondents submit that the parties have entered into a compromise amicably and as such, they have filed compromise petition under Order XXIII Rule 3 of CPC. 2. The appellants herein are the plaintiffs No.1 to 3 and they had filed a suit for partition. Their suit came to be decreed partly in respect of some of the suit schedule properties. Assailing the same, they had approached this Court in this second appeal. 3. Now it is submitted that the parties have settled their dispute amicably and they have partitioned the properties as mentioned in the compromise petition. 4. The compromise petition is also accompanied with a rough hand sketch where the portions of the land have been shown. It is submitted that the sketch annexed to the compromise petition is in respect of Survey No.150 of Alabanoor village of Sindhanoor Taluk. - 6 - HC-KAR NC: 2025:KHC-D:18373 RSA No. 100678 of 2018 5. The appellant No.1 to 3, respondent No.2, 3A to 3D, 4 and 6 to 11 are present before the Court and they have been duly identified by their respective counsels. On questioning, all of them submit that they have read over the compromise petition fully and they acknowledge the contents of the compromise petition. They reiterate that they have amicably settled the matter and accordingly the compromise petition has been drafted and signed by them. 6. In view of the categorical submission by all the parties, who are present before this Court, the compromise petition is accepted. Therefore, the impugned judgment needs to be modified. Hence, the following: ORDER (i) The appeal is disposed of in terms of the compromise petition under Order XXIII Rule 3 of CPC filed by the parties, who admit the contents of it. (ii) The impugned judgment of the First Appellate Court and the Trial Court is hereby set aside. - 7 - HC-KAR NC: 2025:KHC-D:18373 RSA No. 100678 of 2018 (iii) Registry is directed to draw the decree as per the compromise petition and the compromise petition shall be part of the decree. (iv) In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of. SD/- (C M JOSHI) JUDGE YAN CT:PA LIST NO.: 1 SL NO.: 6