- 1 - HC-KAR NC: 2026:KHC-D:1012 RSA No. 5665 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO. 5665 OF 2013 (DEC) BETWEEN: 1. HAJARESAB S/O. ABDULGAFARSAB CHENGAPURE, AGE: 57 YEARS, OCC: AGRL. 2. ABDULREHMANSAB S/O. ABDULGAFARSAB CHENGAPURE, AGE: 47 YEARS, OCC: INDUSTRIALIST. 3. MOINUDDIN S/O. ABDULGAFARSAB CHENGAPURE, AGE: 38 YEARS, OCC: INDUSTRIALIST, THE APPELLANT NO.1 TO 3 ARE R/O. HULAGERI BANA, LAXMESHWAR, TQ: SHIRAHATTI, DIST: GADAG-592034. 4. KUTUBUDDIN S/O. ABDULGAFARSAB CHENGAPURE, AGE: 36 YEARS, OCC: TEACHER, RESIDING AT: BANNUR, TQ: SHIGGAON, DIST: HAVERI, PINCODE-581205. …APPELLANTS (BY SRI LAXMAN T. MANTAGANI AND SRI G. R. TURAMARI, ADVOCATES) AND: 1. GOUSMODDIN S/O. MOHAMMADHUSSAINSAB PARASHI, AGE: 42 YEARS, OCC: COOLIE. 2. SOOFIYA D/O. HAJARESAB SIRABADAGI, AGE: 37 YEARS, OCC: HOUSEWIFE. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1012 RSA No. 5665 of 2013 3. ISMAIL S/O. MOHAMMADHUSSAINSAB PARASHI, AGE: 35 YEARS, OCC: COOLIE, 4. JULEKHA S/O. SHAMSUDDIN GAMVARI, AGE: 32 YEARS, OCC: HOUSE WIFE, THE RESPONDENT NO.1 TO 4 ARE RESIDING AT: HULAGERI BANA, LAXMESHWAR, TQ: SHIRAHATTI, DIST: GADAG. 5. DILSHADBANU W/O. BHASHASAHEB, AGE: 24 YEARS, OCC: HOUSE WIFE, R/O. HOSALLI, TQ: SAVANUR, DIST: HAVERI. 6. KHALANDAR S/O. IMAMHUSSAINSAB NALABAND, AGE: 30 YEARS, OCC: COOLIE, R/O. KHARABHAG AREA, NEW PLOT NO.59, SAVANUR, DIST: HAVERI. 7. SIKANDARSAB S/O. IMAMHUSSAINSAB NALBAND, AGE: 42 YEARS, OCC: PRIVATE JOB, RESIDING AT C/O. SHAMSHADBI, KUNDAGOL, AT POST: HOSAGABBUR, TQ: HUBLI, DIST: DHARWAD. …RESPONDENTS (BY SRI S. S. KOLIWAD, ADV. FOR R1 TO R5; RESPONDENT NO.6-DECEASED) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 11.11.2011 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE, LAXMESHWAR IN R.A.NO.15/2010 CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE COURT OF CIVIL JUDGE (JR.DN.) AND JMFC LAXMESHWAR IN O.S.NO.115/1999 DATED 15.02.2010 AND ALLOW THE REGULAR SECOND APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:1012 RSA No. 5665 of 2013 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for the appellants has filed a memo along with compromise deed seeking withdrawn the appeal, stating that the appellants and respondents have amicably settled their matter. 2. The aforementioned memo and compromise deed are placed on record. 3. The appeal is dismissed as withdrawn. In view of the dismissal of appeal, pending I.A.’s, if any, shall also stand disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE ASN /CT-AN List No.: 1 Sl No.: 2