- 1 - NC: 2025:KHC-D:1538 RSA No. 100438 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 100438 OF 2021 (PAR/POS-) BETWEEN: 1. MR. BASAPPA S/O. MALLAPPA GANIGAR, AGED ABOUT 69 YEARS, R/AT. HIPPARAGI, T/Q. JAMKHANDI, DIST. BAGALKOT PIN – 587311. 2. MR. BHIMAPPA S/O. MALLAPPA GANIGER, AGED ABOUT 67 YEARS, R/AT. HIPPARAGI TQ. JAMKHANDI DIST. BAGALKOT PIN – 587311. 3. MR. MAHADEV S/O.MALLAPPA GANIGER, AGED ABAOUT 47 YEARS, R/AT. HIPPARAGI TQ. JAMAKHANDI DIST. BAGALKOT PIN – 587311. …APPELLANTS (BY SRI. SUNITHA H. SINGH, SRI.BALAJI PRASAD H SHIVAPPA S. JATTI AND SRI. K. V. HUBBALLI, ADVOCATES) AND: 1. MRS. CHENNAWWA W/O. SHIVANINGAPPA SAVADI, AGED ABOUT 57 YEARS, R/AT. HUNNUR MANJANNA E Digitally signed by MANJANNA E Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.01 11:43:09 +0530 - 2 - NC: 2025:KHC-D:1538 RSA No. 100438 of 2021 TQ. JAMKHANDI DIST. BAGALKOT PIN – 587119. 2. MRS. BAGAWWA W/O. BASAPPA GANIGER, AGED ABOUT 52 YEARS, OCC. HIPPARAGI, TQ. JAMKHANDI, DIST. BAGALKOT PIN – 587311. 3. MRS. SUJATA W/O. BASAPPA JAMAKHANDI, AGED ABOUT 38 YEARS, R/AT. PARATHANAHALLI, TQ. ATHANI DIST. BELAGAVI PIN - 591304. (DELETED AS PER THE ORDER OF THIS HON’BLE COURT DATED 27.01.2025) …RESPONDENTS (BY SRI. MALLIKARJUN C HUKKERI, ADVOCATE) ------- THIS RSA IS FILED U/SEC.100 OF CPC, PRAYING TO CALL FOR THE RECORD OF R.A.NO.149 OF 2018 FROM THE I ADDL. DISTRICT & SESSIONS JUDGE, BAGALKOT SITTING AT JAMAKHANDI AND TO CALL FOR THE RECORDS OF O.S.NO.112/2016 FROM THE SENIOR CIVIL JUDGE AND JMFC., BANAHATTI AND TO SET ASIDE THE ORDER DATED 18.10.2021 PASSED IN R.A.NO149/2018 ON THE FILE OF THE 1ST ADDL. DISTRICT & SESSIONS JUDGE, BAGALKOT SITTING AT JAMAKHANDI AND TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.08.2018 PASSED IN O.S. NO.112/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC., BANAHATTI. THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:1538 RSA No. 100438 of 2021 CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT This appeal is preferred by defendant Nos.1 to 3 challenging the judgment and decree dated 18.10.2021 in R.A.No.149/2018 on the file of the I Additional District and Sessions Judge, Bagalkot (sitting at Jamkhandi) allowing the appeal in part and modifying the shares of the parties in O.S.No.112/2016 disposed of on 28.08.2018 on the file of the Senior Civil Judge and JMFC, Banahatti. It is submitted by the learned counsel for the parties that the parties have settled the matter and accordingly filed the compromise petition under Order 23 Rule 3 read with Section 151 of CPC. The parties are present before the Court and submitted that they have settled the lis amongst themselves and accordingly the submission made by the parties and learned counsel appearing for the parties, the appeal is disposed of in terms of the compromise petition dated 27.01.2025. - 4 - NC: 2025:KHC-D:1538 RSA No. 100438 of 2021 Registry is directed to draw decree in terms of the compromise petition. Sd/- (E.S.INDIRESH) JUDGE SH CT:ANB List No.: 1 Sl No.: 3