- 1 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST 2025 PRESENT THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO.100262 OF 2019 (DEC/INJ) BETWEEN: 1. SMT. ROOPA W/O. KRISHNA SAMGAR AGED 34 YEARS, OCC: HOUSEHOLD WORK, R/O: WARD NO.2, KULAGOD, TQ: MUDALAGI, DIST: BELAGAVI. 2. AKSHAY S/O. KRISHNA SAMGAR AGED 14 YEARS, OCC: STUDENT, R/O: WARD NO.2, KULAGOD, TQ: MUDALAGI, DIST: BELAGAVI. 3. SOUMYA D/O. KRISHNA SAMGAR AGED 12 YEARS, OCC: STUDENT, R/O: WARD NO.2, KULAGOD, TQ: MUDALAGI, DIST: BELAGAVI. …APPELLANTS (BY SMT. SURABHI KULKARNI, ADVOCATE) AND: 1. DATTATREYA S/O. VENKAJI KULKARNI SINCE DECEASED BY HIS LR’s., 1(A). DEEPA W/O. DATTATRAYA KULKARNI AGE: 57 YEARS, OCC: NOT KNOWN, R/O: MARUTI NAGAR, ANKALE ROAD, SANKESHWAR-591313, TQ: HUKKERI, DIST: BELAGAVI. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.01 15:21:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 1(B). GURURAJ S/O. DATTATRAYA KULKARNI AGE: 33 YEARS, OCC: NOT KNOWN, R/O: NIDASOSI ROAD, SANKESHWAR, SANKESHWAR-591313, TQ: HUKKERI, DIST: BELAGAVI. 1(C). GAYATRI D/O. DATTATRAYA KULKARNI AGE: 30 YEARS, OCC: NOT KNOWN, R/O: NIDASOSI ROAD, SANKESHWAR, SANKESHWAR-591313, TQ: HUKKERI, DIST: BELAGAVI. 2. LAXMIBAI W/O. CHANDRAKANT KULKARNI AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O: KOKATNUR, TQ: ATHANI, DIST: BELAGAVI. 3. SMT. SEETABAI W/O. VENKAGI KULKARNI SINCE DECEASED BY HER LR’s- RESPONDENTS NO.1(A) TO 1(C) AND RESPONDENT NO.2. 4. SRI. VENKAGI S/O. ANANDRAO KULKARNI SINCE DECEASED BY HER LR’s- RESPONDENTS NO.1(A) TO 1(C) AND RESPONDENT NO.2. 5. SMT. SULOCHANA W/O. BAPURAO KULKARNI AGE: 70 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O: KULGOD, TQ: MUDALAGI, (EARLIER IN GOKAK TALUK), DIST: BELAGAVI. …RESPONDENTS (BY SRI. DINESH M.KULKARNI, ADVOCATE FOR R1(A) TO (C), R2 AND R5; R3 AND R4 DECEASED, R1(A TO C) AND R2 ARE LR’s OF DECEASED R3 AND R4) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.02.2019 PASSED IN O.S.NO.336/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, GOKAK, PARTLY DECREEING THE SUIT FILED FOR DECLARATION, PARTITION, SEPARATE POSSESSION AND PERMANENT INJUNCTION. - 3 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) This appeal by the legal representatives of defendant No.2 is directed against the impugned judgment and decree dated 25.02.2019 passed in O.S.No.336/2013 by the II Additional Senior Civil Judge and JMFC, Gokak1 whereby the said suit filed by respondent Nos.1 to 3 against appellant and respondent Nos.4 and 5 – defendant Nos.1 and 3 for partition and separate possession of their alleged share in the suit schedule properties was decreed by the Trial Court in favour of the plaintiff and against the appellant and other defendants. 1 Herein after referred to as “the Trial Court” for short. - 4 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 2. Respondent Nos.1 to 5 are the family members and appellants i.e., legal representatives of defendant No.2 are the purchasers from respondent No.4 in relation to portion of the suit schedule properties. 3. Learned counsel for the appellants and learned counsel for the respondents have filed a joint compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 19082, which has been duly signed by both the parties and their respective counsels. 4. The parties who are physically present before the Court are identified by their respective counsel and accept the terms and conditions of the compromise entered into between them. The compromise application/petition reads as under: “APPLICATION UNDER ORDER XXIII RULE 3 OF CPC, 1908 The Appellants and the Respondents humbly submit as under: 2 Hereinafter referred to as “CPC” for short - 5 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 1. It is submitted that the present appeal is filed challenging the judgment and decree dated 25.02.2019 passed in OS No. 336/2013 on the file of II Additional Senior Civil Judge, Gokak. 2. It is submitted that the subject matter of the present appeal are the following agricultural lands: i) RS No. 200/6 measuring 6 Acres 39 Guntas (2 Guntas PK) ii) RS No. 201/5 measuring 4 Acres 25 Guntas Situated at Kulgod village, Gokak taluk, Belagavi district. 3. It is submitted that the Appellants are the legal heirs of Defendant No.2, who was the purchaser of the suit properties, having purchased 3 Acres 18 Guntas in Item No.1 and 2 Acres 12 Guritas in Item No.2 properties from Respondent No.4. The Respondents are the family members. Respondents No.1 to 3/ Plaintiffs No.1 to 3 had filed the suit for partition and separate possession and for declaration that the sale deed dated 28.02.2013 executed by Defendant No.1 in favour of Defendant No.2 is not binding on their share. 4. It is submitted that the suit in OS No. 336/2013 came to be decreed by granting 2/6th share to Plaintiffs No.1 and 2, 3/6th share to Defendant No.3 and 1/6th share to Defendants No.2(a) to 2(c) from the share of Defendant No. 1. 5. It is submitted that being aggrieved by the said judgment and decree, the present appeal has been filed by the Appellants. - 6 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 6. It is submitted thatthe Appellants and Respondents have now amicably settled the matter with the intervention of elders, family members and well wishers, on the following terms: a. The Appellants and Respondents agree that Respondent No.5 is entitled for western portion of the land to an extent of 2 Acres 12 Guntas 8 Annas in R.S. No. 201/5 (now renumbered as 201/6), out of its total measurement 4 Acres 25 Guntas, shown by the letters "ABGH" in the hand sketch annexed to the present application. b. The Appellants and Respondents agree that the Appellants are entitled for the middle portion of the land to an extent of 1 Acre 6 Guntas in RS No. 201/5, out of its total measurement 4 Acres 25 Guntas, shown by the letters "BCFG" in the hand sketch annexed to the present application. c. The Appellants and Respondents agree that the Respondents No. 1A to 1C and Respondent No.2 are entitled for the eastern portion of the land to an extent of 1 Acre 6 Guntas 8 Annas in RS No. 201/5, out of its total measurement 4 Acres 25 Guntas, shown by the letters "CDEF" in the hand sketch annexed to the present application. d. The Appellants and Respondents agree that Respondent No.5 is entitled for western portion of the land to an extent - 7 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 of 3 Acres 20 Guntas 8 Annas in R.S. No. 200/6, out of its total measurement 6 Acres 39 Guntas, shown by the letters "HGJI" in the hand sketch annexed to the present application. e. The Appellants and Respondents agree that Appellants are entitled for middle portion of the land to an extent of 1 Acres 29 Guntas 8 Annas in R.S. No. 200/6 (now renumbered as 200/7), out of its total measurement 6 Acres 39 Guntas, shown by the letters "GFKJ" in the hand sketch annexed to the present application. f. The Appellants and Respondents agree that Respondent No.1A to 1C and Respondent No.2 areentitled for eastern portion of the land to an extent of 1 Acres 29 Guntas in R.S. No. 200/6 (now renumbered as 200/7), out of its total measurement 6 Acres 39 Guntas, shown by the letters "FELK" in the hand sketch annexed to the present application. g. The Appellants and Respondents admit thatthe partiesare owners in peaceful possession of their respective shares of land. h. The Appellantsadmit that they shall have no claim whatsoever, in respect of the lands allotted to the shares of the Respondents. - 8 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 i. The Respondents admit that they shall have no claim whatsoever, in respect of the lands allotted to the shares of the Appellants. j. Both the parties to the compromise shall have no objection to get their names entered or to seek changes in the revenue records, to the extent as shown above, pursuant to this compromise. k. The Appellants and Respondents agree that they shall retain the possession of the land to the extent of their respective shares, and further agree that they shall not cause any obstruction and interference in the peaceful enjoyment of property of the other, in any manner. l. The Appellants and Respondents agree that the parties shall get their names entered in the revenue records as per this compromise petition. m. The Appellants and Respondents agree to withdraw all pending litigations filed by them in respect of the subject matter land. n. The hand sketch annexed to the present application shall be treated as part and parcel of the present application. 7. It is submitted that this compromise is not in violation of any provisions of the law and is legally valid. - 9 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 8. The Appellantsand Respondents submit that this compromise is binding on them, their legal heirs and the persons representing or claiming through them. The Appellant No.1 has signed this compromise for herself and on behalf of Appellant No.3 as her mother and natural guardian. 9. The parties have entered into this compromise out of their free will and wish and without any coercion, or undue influence. WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to modify the judgment and decree dated 25.02.2019 passed in OS No. 336/2013 on the file of II Additional Senior Civil Judge, Gokak, in terms of the present compromise petition, in the interests of justice and equity.” 5. The rough sketch accompanying the compromise petition is placed on record. 6. In view of the aforesaid facts and circumstances and the compromise arrived at between the parties, we deem it just and appropriate to set aside the impugned judgment and decree passed by the Trial Court and dispose of the appeal in terms of the compromise petition. 7. In the result, following: - 10 - HC-KAR NC: 2025:KHC-D:10566-DB RFA No. 100262 of 2019 ORDER (i) The appeal is hereby allowed and disposed of in terms of the joint compromise petition and sketch, which is made part of this order. (ii) The impugned judgment and decree dated 25.02.2019 passed in O.S.No.336/2013 by the II Additional Senior Civil Judge and JMFC, Gokak, is hereby set aside. (iii) The suit in O.S.No.336/2013 is disposed of in terms of the joint compromise petition and sketch. (iv) The registry is directed to draw up a final decree in terms of the compromise petition and sketch. Sd/- (S.R. KRISHNA KUMAR) JUDGE Sd/- (C.M. POONACHA) JUDGE EM Ct:vh List No.: 2 Sl No.: 1