- 1 - HC-KAR NC: 2026:KHC-D:1011-DB RFA No. 100547 of 2022 C/W RFA No. 100097 of 2022 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE GEETHA K.B. REGULAR FIRST APPEAL NO. 100547 OF 2022 (DEC/INJ) C/W REGULAR FIRST APPEAL NO. 100097 OF 2022 IN RFA NO. 100547/2022 BETWEEN: 1. NAGARAJ S/O. SHANKAREPPA HUGGI, AGE: 47 YEARS, OCC: WEAVER, R/O. MURINAL, TQ: RAMDURG, DIST: BELAGAVI-591123. 2. VENKATESH S/O. NAMADEVAPPA HUGGI, AGE: 40 YEARS, OCC: WEAVER, R/O. MURINAL, TQ: RAMDURG, DIST: BELAGAVI-591123. 3. RAGHAVENDRA S/O. GYANESHWAR HUGGI, AGE: 47 YEARS, OCC: WEAVER, R/O. MURINAL, TQ: RAMDURG, DIST: BELAGAVI-591123. …APPELLANTS (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) BHARATHI H M Digitally signed by BHARATHI H M Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2026:KHC-D:1011-DB RFA No. 100547 of 2022 C/W RFA No. 100097 of 2022 AND: GANAPATI S/O. SANKAPPA SUTAGAL, AGE: 38 YEARS, OCC: WEAVER, R/O. KERUR, TQ: BADAMI, DIST: BAGALKOT-587201. …RESPONDENT (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., 1908, PRAYING TO SET-ASIDE THE JUDGMENT AND DECREE DATED 16.12.2021 IN O.S.NO.42/2014 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BADAMI, IN SO FAR AS PARTLY DISMISSING THE SUIT OF THE PLAINTIFFS/APPELLANTS IN RESPECT OF THE RELIEF OF DECLARATION ON THE BASIS OF WILL AND PERMANENT INJUNCTION AND SUIT MAY KINDLY BE DECREED IN ITS ENTIRETY, IN THE INTEREST OF JUSTICE AND EQUITY. IN RFA NO. 100097/2022 BETWEEN: SRI. GANAPATI S/O. SANKAPPA SUTAGAL, AGE: 38 YEARS, OCC: WEAVER, R/O. KERUR, TQ: BADAMI, DIST: BAGALKOT-587201. ...APPELLANT (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. SHRI NAGARAJ S/O. SHANKAREPPA HUGGI, AGE: 47 YEARS, OCC: WEAVER, R/O. MURINAL, TQ: RAMADURGA, - 3 - HC-KAR NC: 2026:KHC-D:1011-DB RFA No. 100547 of 2022 C/W RFA No. 100097 of 2022 DIST: BELAGAVI-591123. 2. SHRI VENKATESH S/O. NAMADEVAPPA HUGGI, AGE: 40 YEARS, OCC: WEAVER, R/O. MURINAL, TQ: RAMADURGA, DIST: BELAGAVI-591123. 3. SHRI RAGHAVENDRA S/O. GYANESHWAR HUGGI, AGE: 35 YEARS, OCC: WEAVER, R/O. MURINAL, TQ: RAMADURGA, DIST: BELAGAVI-591123. ...RESPONDENTS (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) THIS RFA IS FILED UNDER ORDER XLI RULE (1) READ WITH SECTION 96 OF CPC., 1908, PRAYING TO ALLOW THE TOP NOTED APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 16.12.2021 PASSED IN O.S.NO.42/2014 ON THE FILE OF SENIOR CIVIL JUDGE, BADAMI, INSOFAR AS FINDING ON ISSUES NOS.2,3,4 AND ADDITIONAL ISSUE NO.1 IS CONCERNED TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS JUSTICE GEETHA K.B. - 4 - HC-KAR NC: 2026:KHC-D:1011-DB RFA No. 100547 of 2022 C/W RFA No. 100097 of 2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE GEETHA K.B.) Memorandum of Agreement under Section 89 of the CPC R/W Rules-24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007 is received. 2. This is the appeal filed challenging the judgment and decree in OS No.42/2014 dated 16.12.2021 which has partly decreed the suit. 3. Now, parties have amicably settled the dispute. 4. The relevant portion of Mediation Agreement reads as follows:- “3. That the subject matter of the suit is a house and open property bearing TPC No.2760 measuring East-West 40 Feet and North-South 70 Feet, totally measuring 2800 Sq.Ft. consisting of a constructed house to an extent of 15X40 Feet = 600 Sq.Ft. having mud roof and a RCC building to an extent of 25X40=1000 Sq. Ft. situated in Ward No.5, Kanti Oni, Kerur, Tq.: Badami, Dist.: Bagalkot. However, at the time of mediation, when the parties were suggested to get the - 5 - HC-KAR NC: 2026:KHC-D:1011-DB RFA No. 100547 of 2022 C/W RFA No. 100097 of 2022 property surveyed and measured, it came to the knowledge of the parties that, on the western side the actual measurement of the property is 66 Feet instead of 70 feet as shown in the suit schedule and as such the total property now measures 2720 Sq.Ft. instead of 2800 Sq.Ft. as mentioned in the suit schedule. Accordingly, the parties have agreed to settle the dispute as per the actual measurement of the property as existing as on today. 4. As per the agreed terms of settlement both the parties have agreed to divide and share the property as under. 5. That the Appellant in RFA No.100097/2022 viz., Ganapati S/O Sankappa Sutagal shall retain 1168 Sq.Ft. of the suit property which includes the existing RCC constructed house on the northern side. 6. That the Respondents in RFA No.100097/2022 viz., SHRI Nagaraj S/O Shankarappa Huggi, SHRI. Venkatesh S/O Namdevappa Huggi AND SHRI Raghavendra s/o. Gyaneshwar Huggi shall together retain the remaining portion of 1552 Sq.Ft. of the suit property which includes the old house with mud roof and remaining vacant area on the southern side of the suit property. - 6 - HC-KAR NC: 2026:KHC-D:1011-DB RFA No. 100547 of 2022 C/W RFA No. 100097 of 2022 7. In order to avoid any further confusion the parties have got prepared a hand-sketch which shows the existing measurement which is enclosed herewith and shall part of this compromise petition. 8. That both the parties shall appear before the municipal/revenue authorities and get the property records rectified and thereafter mutate their respective shares as per this compromise. 9. That this compromise has been entered into between the parties as per their own wish, will and volition and that there is no coercion and undue influence for entering into this compromise. That the terms of this compromise petition has been read over and explained to the respective parties in Kannada and they have accepted the terms of the compromise.“ 5. On enquiry, we noticed that the settlement between the parties is voluntary one. On perusal of the records and mediation agreement, the settlement is lawful one. Hence, the Mediation agreement is accepted. The judgment and decree passed in OS No.42/2014 is modified in terms of Mediation agreement. - 7 - HC-KAR NC: 2026:KHC-D:1011-DB RFA No. 100547 of 2022 C/W RFA No. 100097 of 2022 Draw final decree accordingly. Respective appellants are entitle to Court fee as per law. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB Ct-mck LIST NO.: 2 SL NO.: 1