- 1 - HC-KAR NC: 2025:KHC-D:17498 RSA No. 100934 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 100934 OF 2024 (PAR/POS) BETWEEN: 1. CHANNABASAYYA A/F GADIGEYYA HALLURMATH, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KOTE BOGAR STREET, HAUNSBHAVI, TQ: HIREKERUR, DIST: HAVERI-581109. 2. SMT. LATA W/O. CHANNABASAYYA HALLURMATH, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. KOTE BOGAR STREET, HAUNSBHAVI, TQ: HIREKERUR, DIST: HAVERI-581109. …APPELLANTS (BY SRI. P.G. MOGALI, ADVOCATE) AND: 1. SMT. MADHUMATHI @ MADHURAKSHI W/O. RACHAYYANAVARU ODISOMATH, AGE: 60 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O. HAMSABHAVI, TQ: HIREKERUR, DIST: HAVERI, NOW R/O. CHATRA ROAD, 3RD CROSS, BYADAGI, TQ: BYADGI, DIST: HAVERI-581106. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:35 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17498 RSA No. 100934 of 2024 2. SMT. SIDDAMMA W/O. NIJAGUNAYYA HALLURAMATHA, AGE: 70 YEARS OCC: HOUSEHOLD R/O ATTIBAILU TQ: SHIKARIPUR DT: SHIVAMOGGA - 577427. 3. SMT. NEELAMMA W/O. SIDDAYYA HALLURAMATHA, AGE: 45 YEARS OCC: HOUSEHOLD R/O ATTIBAILU TQ: SHIKARIPUR DT: SHIVAMOGGA - 577427. 4. KUMARI. VIDYA D/O. SIDDAYYA HALLURAMATHA, AGE: 19 YEARS OCC: STUDENT R/O ATTIBAILU TQ: SHIKARIPUR DT: SHIVAMOGGA - 577427. 5. SMT. RATNAMMA W/O. KARABASAYYA HALLURAMATHA, AGE: 55 YEARS OCC: HOUSEHOLD R/O. KATIGE TQ: HONNALI DT: DAVANAGERE-577217. 6. PUNEET S/O. KARABASAYYA HALLURAMATHA, AGE: 26 YEARS OCC: STUDENT R/O. KATIGE TQ: HONNALI DT: DAVANAGERE-577217. 7. PAVAN S/O. KARABASAYYA HALLURAMATHA, AGE: 28 YEARS OCC: STUDENT R/O. KATIGE TQ: HONNALI DT: DAVANAGERE-577217. 8. MALLAYYA S/O. SHIVAMURTAYYA HALLURAMATHA, AGE: 66 YEARS OCC: AGRICULTURE R/O. ANJANAPUR TQ: SHIKARIPUR DT: SHIVAMOGGA-577427. - 3 - HC-KAR NC: 2025:KHC-D:17498 RSA No. 100934 of 2024 9. SMT. JAYASHEELA W/O. KUMARASWAMY HIREMATHA, AGE: 68 YEARS OCC: HOUSEHOLD R/O. TOGARSI TQ: SHIKARIPUR DT: SHIVAMOGGA-577427. 10. SMT. GIRIJAVVA W/O. SHIVAMURTAYYA HIREMATHA, AGE: 55 YEARS OCC: HOUSEHOLD R/O. PRASAD FLOUR MILL, VINAYAKA NAGAR, SHIKARIPUR TQ: SHIKARIPUR DT: SHIVAMOGGA-577427. 11. SHIVAMURTY S/O. VEERAYYA HALLURAMATHA, AGE: 24 YEARS OCC: STUDENT R/O MUGALIKOPPA TQ: SHIKARIPUR DT: SHIVAMOGGA-577427. …RESPONDENTS (BY SRI. NAVEEN CHATRAD, ADVOCATE FOR R1) THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE PASSED IN R.A. NO.28/2018 DATED 08.08.2024 BY THE HON’BLE SENIOR CIVIL JUDGE AND J.M.F.C. AT BYADGI CONFIRMING THE JUDGMENT AND DECREE PASSED IN O.S.NO.57/2014 DATED 28.06.2018 BY THE HON’BLE CIVIL JUDGE AND JMFC, BYDAGI AND DISMISS THE SUIT ALONG WITH COST THROUGH OUT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17498 RSA No. 100934 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This appeal was referred to the Mediation Centre, High Court of Karnataka, Bench at Dharwad to explore the possibility of settlement. 2. Learned Mediator has submitted the report, reporting the settlement. The terms and conditions of the settlement are also recorded. The parties are identified by their respective counsels and they have signed the terms of the settlement. 3. The suit is one for partition and separate possession. The suit was decreed and defendants have filed an appeal and appeal was dismissed. However, by taking into account the change of law, the plaintiff’s share was enhanced. Hence, the defendants are before this Court in second appeal. The parties are settled the dispute. - 5 - HC-KAR NC: 2025:KHC-D:17498 RSA No. 100934 of 2024 4. It is stated that the plaintiff is given one immovable property and Rs.1,00,000/- in cash. In view of her full claim over the properties, it is submitted that respondents No.2 to 5 remained ex-parte before the Trial Court and also before the First Appellate Court and also remained Ex-parte before this Court. “4. The terms of compromise are as under:- (A) As per the terms of settlement, the plaintiff- respondent No;1, has agreed to take item No:2 property shown in Schedule-C of the suit schedule measuring 01-36 acres of land its assessment being Rs.9-57 situated in Sy.NO: 133/5A which is situated towards west of Sy.NO: 135/B of Chikkanaji Village in Byadag! Taluka towards the full and final settlement of her claim in respect of agricultural lands and she has no claim on the remaining suit schedule agricultural lands. The 1-36 acres of land agreed to the taken by the plaintiff is surrounded by the following boundaries :- East: The land in Sy.NO: 133/5B belonging to the Defendant No; 1. West: The land belonging to Shivanandayya and Mrityunjaya Hallurmath. North: The Basavanakatte Tank South: The Cart road. - 6 - HC-KAR NC: 2025:KHC-D:17498 RSA No. 100934 of 2024 Both the parties have agreed to submit a joint application to the Revenue Authorities to Mutate the name of plaintiff- Smt. Madhumathi @ Madhurakshi in the RTC, pertaining to this land after deleting the name of defendant No:1 in the RTC. Further the Appellants have no objection to sell the above property by the Respondent no.1 to any other persons. (B) The plaintiff has given up her right, title & interest in Schedule-D properties by receiving Rs.1,00,000/- ( Rupees One lakh) from the defendant No;1. The amount of Rs. 1,00,000/- has been given to the plaintiff by the defendant No;1 in the form of cash and the plaintiff admits the receipt of said amount. (C) It is agreed by the plaintiff and defendant No.1 that the defendant No.1 would continue to be the owner of item No :1 property shown in Schedule-C i.e. land in Sy No: 133/5B measuring 1-36 acres the assessment being Rs. 9-58 of Chikkanaji village in Byadagi Taluka: the land mentioned in Schedule-B i.e Sy No: 244/2 measuring 0-21 guntas situated at Haunsbhavi Village Taluka Hirekerur and item No: 2 & 3 of properties shown in Schedule-D of the suit schedule. The plaintiff has no right title & interest whatsoever in all these properties. (D) As item No:1 property shown in Schedule-D, of the suit schedule, ie, Site bearing No: 79A/ 1 of Haunsbhavi village. stands in the name of Defendant No:2, she has been arraigned as defendant No:2 in - 7 - HC-KAR NC: 2025:KHC-D:17498 RSA No. 100934 of 2024 the suit. As already stated above, the plaintiff has no right, title or interest in this property. (E) As the defendant No: 3 to 13 are the owners of 10 gut and 8 anaa's land shown in suit schedule-B i.e, land in Sy.NO: 244/2 totally measuring 0-21 guntas of Haunsbhavi village in Hirekerur Taluka, they have been arrayed as party to the suit. These defendants remained exparte in O.S.NO: 57/2014 and remained absent in R.A.NO: 28/2018 so also in this appeal. It is agreed that the plaintiff and defendant No:1 and 2 have no right, title or interest in the said 10 guntas and S anaa land belonging to the defendant No: 3 to 13. Further it is agreed by both the plaintiff and defendant No:1 that the defendant No:1 is the owner of land to the extent of 10 guntas 8 anaas land only in Sy.NO: 244/2 totally measuring 0-21 guntas. (F) The land in Sy.NO: 244/2 stands jointly in the name of Shivamurtheyya and Gadigeyya-the adoptive father of defendant No:1. Both have got half share each in this land. The defendant No; 3 to 13 being the Legal Representatives of Shivamurtheyya are owners of western half portion of land in that survey number to the extent of 10 gunta and 8 anaas land only in the said survey number. The plaintiff and defendant No: 1 and 2 have no claim, title or interest. over this suit property. (G) The plaintiff and the defendant No;1 and 2 prays that the judgment and Decree passed by the Hon'ble Civil Judge and JMFC, Byadagi in O.S.NO: 57/2014 dt: 28-06-2018 may kindly be modified and the suit may kindly be disposed off in terms of the - 8 - HC-KAR NC: 2025:KHC-D:17498 RSA No. 100934 of 2024 Compromise indicated above in the interest of justice and equity. (H) The plaintiff and the defendant No:1 and 2 have understood the terms of compromise as the contents of the above compromise are read over and explained to the them in the language known to them and they have understood the contents thereof and accordingly they have put their signatures.” 5. The Court has made an enquiry with the parties. Appellants and respondent No.1 are before this Court. They voluntarily submit that the dispute is amicably settled. The respondent No.1 acknowledges the payment of Rs.1,00,000/-. 6. In view of the above, this Court does not find any impediment to accept the terms of the settlement. Hence, the Court passed the following:- ORDER (i) The appeals are disposed of. (ii) The impugned judgment and decree dated 28.06.2018 passed in O.S. No.57/2014 by the Civil Judge, Byadagi, are set-aside. - 9 - HC-KAR NC: 2025:KHC-D:17498 RSA No. 100934 of 2024 (iii) The impugned judgment and decree dated 08.08.2024 passed in R.A. No.28/2018 by the Senior Civil Judge, Byadagi, are set- aside and appeal is disposed of in terms of the above settlement. 7. Registry to draw decree accordingly. 8. It is made clear that this judgment does not bind respondents No.2 to 5. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS CT-MCK List No.: 4 Sl No.: 1