- 1 - HC-KAR NC: 2025:KHC-D:18143-DB RFA No. 100327 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER 2025 PRESENT THE HON'BLE MR JUSTICE R.DEVDAS AND THE HON'BLE MR JUSTICE B. MURALIDHARA PAI REGULAR FIRST APPEAL NO. 100327 OF 2018 (POS) BETWEEN: 1. SRI. BALAKRISHNAGOUDA S/O. RAMANAGOUDA TIMMANAGOUDAR, SINCE DECEASED BY HIS LR’s., 1(A). SMT. JAYALAXMI W/O. BALAKRISHNAGOUDA TIMMANAGOUDAR, AGED ABOUT 74 YEARS, OCC: HOUSEHOLD, 1(B). SRI. MAHESHGOUDA BALAKRISHNAGOUDA TIMMANAGOUDAR, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, 1(C). SRI. SURESH GOUDA BALAKRISHNAGOUDA TIMMANAGOUDAR, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, (ALL ARE R/O. KONDIKOPPA, TQ: ANNIGERI, DIST: DHARWAD). …APPELLANTS (BY SRI. SANTOSH B.MANE, ADV. PROPOSED APPELLANTS NO.1(A) TO 1(C)) AND: 1. SHIVAYOGI S/O. OCHANNAVEERAPPA BENKISHETTAR, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.16 11:45:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18143-DB RFA No. 100327 of 2018 AGED ABOUT 55 YEARS, OCC: BUSINESS, R/O: PLOT NO.3, KALMESHWAR NAGAR, UNKAL, HUBBALLI. 2. CANARA BANK ANNIGERI BRANCH, TALUKA NAVALGUND, DIST: DHARWAD, REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. MANJUNATH A.KARIGANNAVAR, ADV. FOR R1 (NOC); SRI. S.K.HEGDE, ADV. FOR R2) THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41 RULE 5 R/W SECTION 151 OF CPC PRAYING TO CALL FOR THE LOWER COURT RECORDS, PERUSE THE SAME AND SET ASIDE THE JUDGMENT AND DECREE DATED 26.06.2018 PASSED IN O.S.NO.3/2015 BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS REGULAR FIRST APPEAL COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE R.DEVDAS AND THE HON'BLE MR JUSTICE B. MURALIDHARA PAI - 3 - HC-KAR NC: 2025:KHC-D:18143-DB RFA No. 100327 of 2018 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE R.DEVDAS) The appellants and respondent No.1 have filed a compromise petition under Order 23 Rule 3 of CPC. The appellants are owners of the suit schedule property while respondent No.1 is the auction purchaser at the hands of respondent No.2-Canara Bank. In terms of the compromise petition, the appellants have agreed to pay a sum of Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) towards full and final settlement of the dispute to respondent No.1, on or before 15.04.2026. Respondent No.1 has agreed to receive Rs.65,00,000/- towards full and final settlement of the dispute. It is agreed that in the event, the appellants fail to pay Rs.65,00,000/- to respondent No.1 on or before 15.04.2026, respondent No.1 is at liberty to execute the decree passed by the trial court and take steps to take over the possession of the suit schedule property from the appellants and the appellants will not object for the same. - 4 - HC-KAR NC: 2025:KHC-D:18143-DB RFA No. 100327 of 2018 2. We have explained the terms of the compromise petition to the appellants and respondent No.1, who are present before this court, and both the parties have clearly stated that they have understood the terms of the compromise petition and they have voluntarily signed the compromise petition. 3. The appeal is allowed in terms of the compromise petition. 4. Parties are directed to affix their signatures in the order sheet and the same shall be identified by the learned counsels respectively. 5. The decree shall accordingly be drawn in terms of the compromise petition. 6. In view of disposal of the appeal in terms of the compromise petition filed by the parties, office is directed to - 5 - HC-KAR NC: 2025:KHC-D:18143-DB RFA No. 100327 of 2018 return the court fee to the appellants, in accordance with law. Sd/- (R.DEVDAS) JUDGE Sd/- (B. MURALIDHARA PAI) JUDGE MBS Ct:vh List No.: 1 Sl No.: 0