- 1 - HC-KAR NC: 2026:KHC-D:404 RSA No. 101053 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.101053/2022 (DEC/INJ) BETWEEN: 1. BIBI AYESHA W/O. IBRAHIM CHATNIWALE, AGE: ABOUT 76 YEARS, OCC: HOUSEHOLD WORK, R/O. DANDIN ONI, SAIDAPUR, DHARWAD-580001. 2. SHABHIR AHAMED S/O. IBRAHIM CHATNIWALE, AGE ABOUT 48 YEARS, OCC: POSTAL EMPLOYEE BY TEMPORARY BASIS AND AGRIL., R/O. DANDIN ONI, SAIDAPUR, DHARWAD-580001. 3. SHRINBANU D/O. IBRAHIM CHATNIWALE, AGE ABOUT 42 YEARS, OCC: HOUSEHOLD WORK, R/O. DANDIN ONI, SAIDAPUR, DHARWAD-580001. 4. AFRINBANU D/O. IBRAHIM CHATNIWALE, AGE ABOUT 38 YEARS, OCC: HOUSEHOLD WORK, R/O. DANDIN ONI, SAIDAPUR, DHARWAD-580001. 5. SADDAMHUSSAIN S/O. IBRAHIM CHATNIWALE, AGE 30 YEARS, OCC: AGRIL, R/O. DANDIN ONI, SAIDAPUR, DHARWAD-580001. 6. SAIBAJ S/O. IBRAHIM CHATNIWALE, AGE ABOUT 31 YEARS, OCC: STUDENT AND AGRIL., R/O. DANDIN ONI, SAIDAPUR, DHARWAD-580001. REP. BY THEIR G.P.A. HOLDER, SRI HUSAINSAB M. DASANKOPA, AGE ABOUT 62 YEARS, OCC: AGRIL., R/O. KESHAVANAGAR, DHARWAD-580001. …APPELLANTS (BY SRI ARAVIND D. KULKARNI AND SRI S. K. DESHPANDE, ADVOCATES) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:404 RSA No. 101053 of 2022 AND: NASSEMABEGUM @ NASEEMABANU CALLING HERSELF AS BEESABI W/O. MASUMSAB CHATNIWALE, AGE ABOUT 84 YEARS, OCC: NILL, R/O. KHAJI GALLI, HALIYAL-581329. (DEAD BUT AS NAME IS VISIBLE IN CAUSE TITLE OF JUDGMENT, THE NAME IS SHOWN HERE). 1. LIYAKHATALI SHOUKATALI DALAL, AGE ABOUT 71 YEARS, OCC: BUSINESS AND AGRIL., R/O. KHAJI GALLI, HALIYAL-581329. 2. ANISAHAMMAD ABDULRAZAK MULLA, AGE ABOUT 50 YEARS, OCC: AGRIL., R/O. INDIRANAGAR, ALNAVAR, TQ.DIST.DHARWAD-581103. 3. KAMADENU SEVA SAHAKARI SINGH NIYAMITH, TERGAON VILLAGE, TQ. HALIYAL, DIST. UTTARA KANNADA-581329, REP. BY ITS SECRETARY, MR. HIREMATH. 4. MOHAMMED SUHAIL LIYAKAT ALI DALAL, AGE: 36 YEARS, OCCUPATION: BUSINESS, R/O. KHAJI GALLI, HALIYAL. …RESPONDENTS (BY SRI AHMED ALI RAHIMAN SHAH, ADV. FOR R1 TO R4 AND SRI. S. B. KUMBAR, ADV. FOR R1 TO R3) THIS REGULAR SECOND APPEAL IS FILED U/S.100 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO THE APPEAL BE ALLOWED AND JUDGMENT AND DECREE PASSED BY 1ST ADDL. DISTRICT AND SESSIONS JUDGE, U.K. KARWAR, SITTING AT SIRSI DATED 20TH APRIL, 2022 IN R.A.NO.5015/2020 AND JUDGMENT AND DECREE PASSED BY SENIOR CIVIL JUDGE, HALIYAL DATED 11TH SEPTEMBER 2020 IN O.S.NO.34/2017 BE SET ASIDE AND THE SUIT 34/2017 BE DECREED FOR PARTITION AS PRAYED WITH COSTS AND IN THE ALTERNATIVE, THE HON’BLE COURT BE PLEASED TO RAISE PROPER ISSUES ON MATERIAL QUESTIONS AND MATTER MAY KINDLY BE REMANDED TO TRIAL COURT FOR FURTHER TRIAL WITH OPPORTUNITY TO ALL PARTIES AND ETC. - 3 - HC-KAR NC: 2026:KHC-D:404 RSA No. 101053 of 2022 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Appellant Nos. 1 to 6 are present. Appellant No.5 is represented through his GPA holder. 2. Respondent Nos.1, 2 and 4 are present. Respondent No.3 is a society. 3. It is submitted that Naseemabegum @ Naseemabanu has died. 4. All the parties are represented through their respective learned counsel. 5. Appellants and respondents have filed a compromise petition under order XXIII rule 3 r/w Section 151 of CPC, stating that they have amicably settled the matter. - 4 - HC-KAR NC: 2026:KHC-D:404 RSA No. 101053 of 2022 6. The compromise petition is placed on record, which reads as under; “Herein, the above named Appellants No. 1 to 6 and the Respondent No. 1 to 4 most respectfully submit this Compromise Petition as under: 1. That, the suit property, the agricultural land bearing Bl.No.70/B measuring 4 Acres 19 Guntas and 6 Guntas P.K. Total 4 Acres 25 Guntas situated at Kerawada Village, Tq: Haliyal, Dist: Uttara Kannada (hereinafter referred as Suit Property). 2. That, the Appellants have claimed over the suit property and filed O.S.No.34/2017 and Judgment and Decree passed by the Senior Civil Judge And JMFC, Haliyal and in the Court of First Addl. District And Sessions Judge, Karwar, Sitting At Sirsi, Itinerary At Yallapur, bearing R.A.No. 5015/2020 and the Judgment and Decree passed in favour of Respondent No.1 & 2. Now the Appellants have filed the present R.S.A. No. 101053/2022, before this Hon'ble Court. 3. That, the Respondent No.2 has sold the above said suit property to the Respondent No.4 and his name is entered in Record of Rights since then. 4. That, the Respondent No.2 has sold the above said suit property to the Respondent No. 4/and his name is entered in Record of Rights since then. 5. That, the Respondent No.1 has died issueless and she has no legal heirs. - 5 - HC-KAR NC: 2026:KHC-D:404 RSA No. 101053 of 2022 6. That, the Respondent No.2 & 4 have agreed to pay Rs.36,00,000/- (Rupees Thirty Six Lakhs) to the Appellant No.1 to 6, out of that, Rs.5,00,000/-(Rupees Five Lakhs) already paid by way of Cheque No.979472 dated 24/01/2024 of State Bank of India, Haliyal. 7. And remaining Rs.31,00,000/- the Respondent No.1 is paying adjusting Rs.18,00,000/- (Rupees Eighteen Lakhs) by way of Cheque No.629505 of State Bank of India, Haliyal. The remaining amount of Rs.13,00,000/- (Rupees Thirteen Lakhs) is paid by way of cash by the Respondent No. 2 & 4. 8. Totally amount of Rs.36,00,000/- (Rupees Thirty Six Lakhs) paid to the Appellants No.1 to 6 and Appellant No.1 to 6 acknowledged that, Rs.36,00,000/- (Rupees Thirty Six Lakhs is received from Respondent No.2 & 4 and the Appellants have agreed for the same and received the entire amount and there is no due at all. 9. That, Appellant No.1 to 6 have given up all their claim, rights, title and interest in favour of Respondent No.2 & 4 absolutely. 10. Hereinafter the Respondent No.2 & 4 are absolute owners and have right, title and interest over the above said suit property and in actual possession and wahiwat of the suit property and also Appellants No. 1 to 6 and Respondent No.3 has No Objection if Respondent No. 2 & 4 sells the suit property to anybody else. - 6 - HC-KAR NC: 2026:KHC-D:404 RSA No. 101053 of 2022 11. That, the amount of Rs.36,00,000/- (Rupees Thirty Six Lakhs) is received by the Appellants No.1 to 6 and the same is acknowledged by the Appellants, and there is no due at all from Respondent No.2 & 4. 12. Prayer: Hence it is humbly prayed that, this Compromise Petition is signed hereto and accordingly decree may kindly be drawn in terms of Compromise Petition, in the interest of justice. 7. The appeal is disposed of in terms of the compromise petition. The compromise petition shall be treated as part and parcel of the decree. 8. Draw the decree accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ASN /CT-AN List No.: 1 Sl No.: 3