- 1 - NC: 2025:KHC-D:5222-DB RFA No. 100498 of 2019 C/W RFA No. 100481 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA REGULAR FIRST APPEAL NO. 100498 OF 2019 (PAR/POS) C/W REGULAR FIRST APPEAL NO. 100481 OF 2022 IN RFA NO.100498/2019 BETWEEN: SHIVAJI S/O. VITHAL @ VITHALRAO CHAVAN AGE : 61 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O : MARATHA GALLI, BELAGAVI-590001 …APPELLANT (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. SMT. SUNITA @ AKKATAI W/O. GANAPATRAO PAWALE AGE : 63 YEARS, OCC : HOUSEHOLD WORK, R/O : LAXMI GALLI, UCHAGAON-591128, TQ/DIST : BELAGAVI. 2. SMT. KANCHAN @ BHAGEERATHI W/O. PUNDALIKRAO BELAGAONKAR, AGE : 61 YEARS, OCC: HOUSHOLD WORK AND AGRICULTURE, R/O : JADE GALLI, ANAGOL, BELAGAVI-590003. 3. SMT. RUKUMINIBAI @ SUSHILA W/O. VASANT KANGRALKAR Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.04.09 11:27:29 +0530 - 2 - NC: 2025:KHC-D:5222-DB RFA No. 100498 of 2019 C/W RFA No. 100481 of 2022 AGE : 71 YEARS, OCC: HOSHOLD WORK, R/O : BHICHU GALLI, SHAHAPUR BELAGAVI-590003. …RESPONDENTS (BY SRI. SHRIDHAR HIREMATH, ADVOCATE FOR R1 AND R2; NOTICE R3 SERVED) THIS RFA FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED:06.09.2018 PASSED IN O.S.NO.193/2014 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, PARTLY DECREEING THE SUIT FILED FOR DECLARATION AND PARTITION AND SEPARATE POSSESSION. WITHIN THE PERIOD OF LIMITATION. IN RFA NO.100481/2022 BETWEEN: SHIVAJI S/O VITHAL @ VITHALRAO CHAVAN AGE 68 YEARS, OCC. BUSINESS AND AGRICULTURE, R/O. MARATHA GALLI BELAGAVI-590001. …APPELLANT (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. SMT. RUKUMINIBAI @ SUSHILA W/O. VASANT KANGRALKAR AGE. 71 YEARS, OCC. HOUSEHOLD WORK, R/O. BHICHU GALLI, SHAHAPUR, BELAGAVI-590003. 2. SMT. ANASUYA W/O. GOPALRAO CHAVAN AGE. 75 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO. 2330, SOMAWAR PETH, BUS STAND ROAD, GOKAK, DIST. BELAGAVI. - 3 - NC: 2025:KHC-D:5222-DB RFA No. 100498 of 2019 C/W RFA No. 100481 of 2022 3. SMT. VIJAYA W/O. KRISHNA BHOSALE AGE. 68 YEARS, OCC. HOUSEHOLD WORK, R/O: LAXMI GALLI, JUNE BELAGAVI, DIST. BELAGAVI. 4. SMT. SHAILAJA W/O. VILASRAO KALE AGE. 66 YEARS, OCC. HOUSEHOLD WORK, R/O: BEHIND APSARA HOTEL (KYASTI VATHAR) SOMAWARPETH, GOKAK, DIST. BELAGAVI. 5. SMT. JAYASHRI W/O. DAYANAND DALAVI AGE. 61 YEARS, OCC. HOUSEHOLD WORK, R/O. RAVIWAR PETH, AT NESARI TQ. GADAHINGLJ, DIST. KOLHAPUR. 6. SUBHAS S/O. GOPALRAO CHAVAN AGE. 59 YEARS, OCC. BUSINESS, R/O. H. NO. 2415, MAHALAXMI NIVAS, BEHIND BANASHANKARI DEVI TEMPLE, SOMWARPETH, BUS STAND ROAD, GOKAK, TQ. GOKAK, DIST. BELAGAVI. 7. RAJASHEKHAR S/O. GOPALRAO CHAVAN AGE. 57 YEARS, OCC. BUSINESS, R/O. H. NO. 2330, SOMAWARPETH, BUS STAND ROAD, GOKAK, TQ. GOKAK, DIST. BELAGAVI. 8. SMT. VIMAL W/O. GAJANAN BHATKHANDE AGE 55 YEARS, OCC. HOUSEHOLD WORK, R/O. H. NO. 45-43, TANAJI GALLI, BELAGAVI, DIST. BELAGAVI. 9. SUDHEER S/O. GOPALRAO CHAVAN AGE 51 YEARS, OCC. BUSINESS, R/O. H. NO. 2330, SOMWARPETH, BUS STAND ROAD, GOKAK, TQ. GOKAK. DIST. BELAGAVI. 10. SMT. SUNITA @ AKKATAI, W/O. GANAPATRAO PAWALE AGE. 63 YEARS, OCC. HOUSEHOLD WORK, - 4 - NC: 2025:KHC-D:5222-DB RFA No. 100498 of 2019 C/W RFA No. 100481 of 2022 R/O. LAXMI GALLI, UCHAGAON-591128, TQ/DIST. BELAGAVI. 11. SMT. KANCHAN @ BHAGEERATHI, W/O PUNDALIKRAO BELAGAONKAR AGE. 61 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. JADE GALLI, ANAGOL, BELAGAVI-590003. 12. VINOD S/O KRISHNAJIRAO CHAVAN AGE. 37 YEARS, OCC. SERVICE, R/O. MARATHA GALLI, GOKAK, TQ. GOKAK, DIST. BELAGAVI. …RESPONDENTS (BY SRI. MAHESH WADEYAR, ADVOCATE FOR R2 TO R5, R7 AND R8; SRI. SHRIDHAR HIREMATH, ADVOCATE FOR R10 AND R11; NOTICE TO R1 SERVED; R6-HELD SUFFICIENT; R9-DECEASED) THIS RFA FILED UNDER SEC. 96 OF CPC., PRAYING TO, MODIFY THE IMPUGNED JUDGMENT AND DECREE DATED:06.09.2018 PASSED IN O.S.NO.27/2010 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, GOKAK IN THE ENDS OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM AND THE HON'BLE MR. JUSTICE G BASAVARAJA - 5 - NC: 2025:KHC-D:5222-DB RFA No. 100498 of 2019 C/W RFA No. 100481 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM) A joint compromise petition has been filed today, formally recording the terms of settlement among the parties involved in the dispute within the family branch of Vithal @ Vithalrao. The compromise is specifically entered into between the plaintiffs, namely Sunita @ Akkatai W/o Ganapatrao Pawale (Plaintiff No.1) and Kanchan @ Bhageerathi W/o Pundalikrao Belagaonkar (Plaintiff No.2), and the defendant, Shivaji S/o Vithal @ Vithalrao Chavan (Defendant No.1), who is the brother of the plaintiffs. As per the terms of the settlement, Defendant No.1 has agreed to allot 10 guntas of plotable land each from Survey No. 284/4/2 to the plaintiffs. 2. In accordance with the terms of the settlement, both plaintiffs have given their consent to allow the pending proceedings in P & SC No.3/2020 to proceed without opposition. The plaintiffs have expressly declared that they have no objection to granting probate in favor of - 6 - NC: 2025:KHC-D:5222-DB RFA No. 100498 of 2019 C/W RFA No. 100481 of 2022 their brother, Defendant No.1, Shivaji S/o Vithal @ Vithalrao Chavan. 3. Further, as per Clause-C of the compromise, all three parties namely Plaintiff No.1, Plaintiff No.2, and Defendant No.1 have agreed to an equitable division of the fixed deposit along with the accrued interest maintained in Savings Bank Account No. 001110100000059 at The Urban Co-Operative Credit Bank Ltd., Gokak. Defendant No.1 is entitled to a 50% share of the said fixed deposit, while the remaining 50% shall be jointly shared by Plaintiffs No.1 and No.2. 4. To ascertain the voluntary nature of the compromise, the Court has personally queried Plaintiff No.1, Sunita @ Akkatai W/o Ganapatrao Pawale, who is present before the Court. She has also appeared on behalf of her sister, Plaintiff No.2, Kanchan @ Bhageerathi W/o Pundalikrao Belagaonkar, under a duly executed General Power of Attorney (GPA). A true copy of the said GPA is presented before the Court, and upon insistence, the original document was also produced for verification. After due examination, the original GPA was returned to - 7 - NC: 2025:KHC-D:5222-DB RFA No. 100498 of 2019 C/W RFA No. 100481 of 2022 the concerned parties. Plaintiff No.1, Sunita @ Akkatai W/o Ganapatrao Pawale, unequivocally confirmed that both she and her sister have voluntarily resolved to settle their dispute with Defendant No.1. They have mutually agreed to accept 10 guntas of plotable land each and the monetary share as outlined in Clause-C of the compromise agreement. She further affirmed that there was no coercion, undue influence, or external pressure compelling them to enter into this settlement. She also stated that the entire content of the compromise agreement was read over and explained to her by her counsel. 5. After due consideration, the Court finds that the terms of the compromise are lawful, fair, and in the best interest of Plaintiffs No.1 and No.2. Since the plaintiffs and Defendant No.1, being siblings, have reached an amicable settlement and have mutually agreed on the division of property and financial assets, the Court deems it appropriate to officially record the compromise. Accordingly, the joint compromise petition is admitted into the record. - 8 - NC: 2025:KHC-D:5222-DB RFA No. 100498 of 2019 C/W RFA No. 100481 of 2022 6. As a consequence of this amicable settlement in O.S. No. 193/2014, Defendant No.1 has also voluntarily agreed to withdraw the appeal he had filed, challenging the preliminary decree obtained by Defendant No.2, Rukminibai @ Sushila W/o Vasant Kangralkar, in O.S. No.27/2010. 7. The Court observes that, in light of the withdrawal of the appeal by Defendant No.1, Defendant No.2, Rukminibai @ Sushila W/o Vasant Kangralkar, retains her right to pursue her legitimate share in the property in pending Final Decree Proceedings. 8. Consequently, Defendant No.2, Rukminibai @ Sushila W/o Vasant Kangralkar, is granted liberty to pursue her remedy in Final Decree Proceeding No.164/2019, which is presently pending before the 1st Additional Senior Civil Judge, Gokak. 9. Considering the amicable settlement reached by the parties, the appeal stands disposed of in accordance with the terms outlined in the joint compromise petition. Accordingly, the preliminary decree drawn in O.S. No.193/2014 is hereby set aside in so far as plaintiffs are - 9 - NC: 2025:KHC-D:5222-DB RFA No. 100498 of 2019 C/W RFA No. 100481 of 2022 concerned, pursuant to the settlement recorded before this Court. 10. Notwithstanding the present compromise, the rights of Defendant No.2, Rukminibai @ Sushila W/o Vasant Kangralkar, to claim her legitimate share in the Final Decree Proceedings remain reserved and unaffected by this order. 11. In light of the settlement, the memo filed by Defendant No.1 in Regular First Appeal No.100481/2022 is taken on record and appeal is dismissed as withdrawn, thereby concluding the legal proceedings as against defendant No.2. 12. Draw Final decree in terms of settlement in so far plaintiffs are concerned in RFA No.100498/2019. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Sd/- (G BASAVARAJA) JUDGE RHR/- Ct-cmu List No.: 1 Sl No.: 16