- 1 - HC-KAR NC: 2026:KHC-D:744 RSA No. 5709 of 2009 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO. 5709 OF 2009 (PAR) BETWEEN: 1. K.B.GANGAPPA S/O. BHARAMAPPA, SINCE DECEASED BY HIS LR’S. 1A. A. B. KARIBASAMMA W/O. LATE K. B. GANGAPPA, AGE: 65 YEARS, OCC: HOUSEWIFE. 1B. K. G. DINESH KUMAR S/O. LATE K. B. GANGAPPA, AGE: 40 YEARS, OCC: AGRICULTURE. 1C. K. G. PRUTHVI KUMAR S/O. LATE K. B. GANGAPPA, AGE: 38 YEARS, OCC: SERVICE IN PRIVATE. 1D. K. G. MADHUSUDHAN S/O. LATE K. B. GANGAPPA, AGE: 36 YEARS, OCC: SERVICE IN PRIVATE. 1E. K. G. SUDHARSHAN S/O. LATE K. B. GANGAPPA, AGE: 33 YEARS, OCC: SERVICE IN PRIVATE. 1F K. G. RAHASYARAI S/O. LATE K. B. GANGAPPA, AGE: 29 YEARS, OCC: AGRICULTURE. …APPELLANTS (BY SRI S. S. YADRAMI, SENIOR ADV. FOR SRI GIRISH V.BHAT, ADV. FOR PROP. APPELLANT NO.1(A TO F)) AND: 1. T. VIJAYAKUMAR S/O. LATE SIDDAPPA, AGE: MAJOR, OCC: AGRIL., R/O. HULIKERE, TQ. KUDLIGI, DIST. BELLARY-572801. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:744 RSA No. 5709 of 2009 2. SMT. GANGAMMA W/O. HIRALU OBAIH @ CHINNIAGARI OBAIH, AGE: MAJOR, OCC: AGRIL., R/O. HULIKERE, TQ. KUDLIGI, DIST. BELLARY-572801. 3. SMT. SHANTAMMA W/O. LATE T. SIDDAPPA, AGE: MAJOR, OCC: AGRIL., R/O. HULIKERE, TQ. KUDLIGI, DIST. BELLARY-572801. 4. HIMANTHRAJ T. S/O. T. SIDDAPPA, SINCE DECEASED BY HIS LR’S. 4A. SMT. SUABHAGYA W/O. LATE HIMANTHRAJ T., AGE: 54 YEARS, OCC: HOUSEWIFE. 4B. ANNAPOORNA G. M. D/O. LATE HIMANTHRAJ T., AGE: 34 YEARS, OCC: HOUSEWIFE. 4C. SHIVKUMAR T. H. S/O. LATE HIMANTHRAJ T., AGE: 32 YEARS, OCC: SERVICE IN PRIVATE. 4D. AVINASH T. H. S/O. LATE HIMANTHRAJ T., AGE: 30 YEARS, OCC: SERVICE IN KPTCL, ALL ARE RESIDENTS OF HULIKERI VILLAGE, TQ. KUDLIGI, DIST. VIJAYANAGARA. 5. T. ONKARAPPA S/O. LATE T. SIDDAPPA, AGE: MAJOR, OCC: AGRIL., R/O. HULIKERE, TQ. KUDLIGI, DIST. BELLARY-572801. 6. T. G. TIPPESWAMY S/O. LATE T. SIDDAPPA, SINCE DECEASED BY HIS LR’S. 6A. SMT. T. G. NAGAVENI W/O.LATE T.G. THIPPESWAMY, AGE: 45 YEARS, OCC: HOUSEWIFE. 6B. SAHANAKUMARI D/O. LATE T.G. THIPPESWAMY, AGE: 28 YEARS, OCC: HOUSEWIFE. - 3 - HC-KAR NC: 2026:KHC-D:744 RSA No. 5709 of 2009 6C. H. T. SANJAY NAYAK S/O. LATE T.G. THIPPESWAMY, AGE: 26 YEARS, OCC: STUDENT, ALL ARE RESIDENTS OF HULIKERI VILLAGE, TQ. KUDLIGI, DIST. VIJAYANAGARA. 7. T. MANJUNATH S/O. LATE T. SIDDAPPA, AGE: MAJOR, OCC: AGRIL., R/O. HULIKERE, TQ. KUDLIGI, DIST. BELLARY-572801. 8. SMT. BOMMAKKA W/O. OBAIAH, AGE: MAJOR, OCC: AGRIL., R/O. JUTTULINGANAHATTI, TQ. KUDLIGI, DIST. BELLARY. 9. SMT. SHARANAMMA D/O. LATE SIDDAPPA AND WIFE OF REVENASIDDAPPA. AGE: MAJOR, OCC: AGRIL., R/O. KURUDI BETHURU, TQ. DIST. DAVANAGERE-583912. 10. SMT. BANGALAMMA D/O. LATE SIDDAPPA, W/O. CHANDRAPPA, AGE: MAJOR, OCC: AGRIL., R/O. MARIKUNTE, TQ. JAGALUR, DIST. DAVANGERE-583912. …RESPONDENTS (BY SRI T. BASAVANAGOUDA, ADVOCATE FOR R1, R4(A TO D), AND R6(A TO C); APPEAL AGAINST R2 AND R3-ABATED; NOTICE TO R7, R9, AND R10 SERVED; NOTICE TO R8 HELD SUFFICIENT) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 READ WITH ORDER XLII RULE 1 OF CODE OF CIVIL PROCEDURE, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.11.2009 PASSED BY THE LEARNED CIVIL JUDGE (SR.DN.) KUDLIGI IN R.A.NO.26/2008 AND CONFIRM THE JUDGMENT AND DECREE PASSED IN O.S.NO.11/1999 BY THE LEAREND CIVIL JUDGE (JR.DN) KUDLIGI DATED 01.09.2008 BY ALLOWING THIS APPEAL WITH COSTS THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - HC-KAR NC: 2026:KHC-D:744 RSA No. 5709 of 2009 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Case is called. The appellants and respondents and their respective counsels were present on 21.01.2026. The counsels for both parties have filed duly signed compromise petition under Order XXIII Rule 3 of Code of Civil Procedure, 1908. 2. Under the compromise, it is stated that the suit is filed by the plaintiff for the relief of partition and separate possession. On the advice made by the elders and well wishers both appellants and respondents compromised the case and filed this petition. 3. Both appellants and respondents have amicably settled the matter and have accordingly compromised the case. 4. According to the compromise petition, both the parties prayed to draw decree as per compromise petition. 5. The contents of the compromise petition explained to the parties to the suit in the language known to them. They - 5 - HC-KAR NC: 2026:KHC-D:744 RSA No. 5709 of 2009 admit its contents and they have stated that, they have subscribed their signatures on the compromise petition after understanding its contents. 6. The compromise entered into by the parties is legal and appears to be voluntary. Hence, it is accepted. Thus, the suit is decreed in terms of compromise petition. 7. Office is hereby directed to draw decree. The compromise petition shall be treated as part and parcel of the compromise decree. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 105