Karnataka High Court
Bhimrao S/O Siddaraj Gorpade vs Goindappa S/O Ramachandra Salunke on 10 March, 2026
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NC: 2026:KHC-D:3795
RSA No. 100744 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
REGULAR SECOND APPEAL NO.100744/2022 (DEC/POS)
BETWEEN:
1. BHIMRAO S/O. SIDDARAJ GHORPADE,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. GIRIYAL VILLAGE, TQ. HUBBALLI,
DIST. DHARWAD-580001.
2. RAMESH S/O. SIDDARAJ GHORPADE,
AGE: 44 YEARS, OCC: SERVICE,
R/O. GIRIYAL VILLAGE, TQ. HUBBALLI,
DIST. DHARWAD-580001.
3. SMT. AKKABAI NARAYANARAO NIKKAM
D/O. SIDDARAJ GHORPADE,
AGE: 54 YEARS, OCC: HOUSEWIFE,
R/O. GIRIYAL VILLAGE, TQ. HUBBALLI,
DIST. DHARWAD-580001.
4. SMT. BAYAJABAI W/O. SHIVAJIRAO NIKKAM,
Digitally signed AGE: 44 YEARS, OCC: HOUSEWIFE,
by SAROJA
HANGARAKI R/O. GANAGITTI GUDHIHAL,
Location: HIGH
COURT OF
TQ. KALAGHATAGI, DIST. DHARWAD-580001.
KARNATAKA,
DHARWAD
...APPELLANTS
BENCH (BY SRI HARISH M. SUNAGAR, ADV. FOR A1 & A2 (NOC))
AND:
RAMACHANDRAPPA S/O. HANAMANTAPPA SALUNKE
(SINCE DECEASED DURING PENDENCY OF
O.S.NO.316/2013) BY HIS LRS.
SMT. RINDAWWA W/O. RAMACHANDRA SALUNKE,
(SINCE DECEASED DURING PENDENCY OF R.A.NO.123/)
BY LRS.
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NC: 2026:KHC-D:3795
RSA No. 100744 of 2022
HC-KAR
1. GOINDAPPA S/O. RAMACHANDRA SALUNKE,
AGE: 51 YEARS, OOC: AGRICULTURE,
R/O. GIRIYAL VILLAGE, TQ. HUBBALLI,
DIST. DHARWAD-580001.
2. TULAJAPPA S/O. RAMACHANDRA SALUNKE,
SINCE DIED BY HIS LRS.
2A. SMT. SHOBHA W/O. TULAJAPPA SALUNKE,
AGE: 44 YEARS, OCC: HOUSEHOLD,
R/O. GIRIYAL VILLAGE, TAL. HUBBALLI,
DIST. DHARWAD-580003.
2B. PAVAN S/O. TULAJAPPA SALUNKE,
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O. GIRIYAL VILLAGE, TAL. HUBBALLI,
DIST. DHARWAD-580003.
2C. PRAMOD S/O. TULAJAPPA SALUNKE,
AGE: 22 YEARS, OCC: AGRICULTURE,
R/O. GIRIYAL VILLAGE, TAL. HUBBALLI,
DIST. DHARWAD-580003.
2D. PRASHANTH S/O. TULAJAPPA SALUNKE,
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O. GIRIYAL VILLAGE, TAL. HUBBALLI,
DIST. DHARWAD-580003.
3. BHEEMARAO S/O. RAMACHANDRA SALUNKE,
AGE: 45 YEARS, OCC: SERVICE,
R/O. AGADI, TQ. HAVERI,
DIST. DHARWAD-580001
SMT. YELLAWWA @ YELLUBAI
W/O. HANAMANTHAPPA BOTENNAVAR,
(SINCE DECEASED DURING PENDENCY
OF O.S.NO.316/203), BY HER LRS.
4. HANAMANTHAPPA S/O. YELLAPPA BOTENNAVAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. GIRIYAL, TQ. HUBBALLI,
DIST. DHARWAD-580001.
5. PRAVEEN S/O. HANAMANTHAPPA BOTENNAVAR,
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NC: 2026:KHC-D:3795
RSA No. 100744 of 2022
HC-KAR
AGE: 23 YEARS, OCC: STUDENT,
R/O. GIRIYAL, TQ. HUBBALLI,
DIST. DHARWAD-580001.
6. YESHASVI D/O. HANAMANTHAPPA BOTENNAVAR,
AGE: 23 YEARS, OCC: STUDENT,
R/O. GIRIYAL, TQ. HUBBALLI,
DIST. DHARWAD-580001.
7. TEJASHWI HANAMANTHAPPA BOTENNAVAR,
AGE: 21 YEARS, OCC: STUDENT,
R/O. GIRIYAL, TQ. HUBBALLI,
DIST. DHARWAD-580001.
8. SRI KRISHNA S/O. GOVINDRAO DESAI,
AGE: 64 YEARS, OCC: SERVICE,
R/O. DEVANGPETH, TQ. HUBBALLI,
DIST. DHARWAD-580001.
9. SRI CHIDAMBAR S/O. GOVINDRAO DESAI,
AGE: 64 YEARS, OCC: SERVICE,
R/O. DEVANGPETH, TQ. HUBBALLI,
DIST. DHARWAD-580001.
...RESPONDENTS
(BY SRI R. H. ANGADI, ADV. FOR R1, R3 TO R7(NOC);
SRI. R. H. ANGADI, ADV. FOR R2(A) TO R2(D);
SMT. AMRUTA ALLANNAVAR, ADV. FOR R8 & R9)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100
OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THIS
APPEAL, SETTING ASIDE THE IMPUGNED COMMON JUDGMENT AND
DECREE IN R.A.NO.123/2016 C/W. R.A. NO.147/2016 DATED
12.01.2022 PASSED BY THE LEARNED I ADDITIONAL DISTRICT
JUDGE, DHARWAD, SITTING AT HUBBALLI, IN SO FAR AS
R.A.NO.123/2016 IS CONCERNED CONFIRMING THE JUDGMENT AND
DECREE IN O.S.NO.316/2013 DATED 17.03.2016 PASSED BY THE III
ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI, DECLARING THAT THE
PLAINTIFFS ARE THE ABSOLUTE OWNER OF THE SUIT PROPERTY AND
DIRECTING THE DEFENDANTS NO.1 TO 45 TO HAND OVER
POSSESSION OF THE SUIT PROPERTY TO THE PLAINTIFFS WITHIN 3
MONTHS FROM THE DATE OF THE ORDER, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
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NC: 2026:KHC-D:3795
RSA No. 100744 of 2022
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MRS JUSTICE GEETHA K.B.) The compromise petition filed under Order XXIII Rule 3 of C.P.C. and duly signed by all the parties to the appeal.
2. This is the compromise between both the parties.
Appellant Nos.1 to 4, respondent No.1(a), 2(a) to (d) and 3 to 9 are present before the Court and they are being identified by their respective counsels.
3. The terms of compromise petition are extracted as below:
"8. That, the plaintiffs are the absolute owners of the suit property bearing survey No. 25 measuring 7 Acres 17 Guntas situated at Inamveerapur Village Tg: Hubballi, Dist:
Dharwad. The appellants have no objection and have admitted that the respondents are the, absolute owners of suit property by virtue of sale deed dated 04/06/1997 executed by respondent No. 6 and 7 by name Shri Krishna -5- NC: 2026:KHC-D:3795 RSA No. 100744 of 2022 HC-KAR Govindarao Desai and Chidambar S/o Govinda Rao Desai and Seetabai Govindrao Desai.
9. The appellants have no claim right, title, interest of any nature in and over the suit property stated supra. In future appellants and their legal heirs and anybody claiming under them will have no right, title, interest in and over the suit property.
10. That, the respondent No.1 to 7 have agreed to withdraw RSA No.101550/2022 filed by them against the present appellants unconditionally.
The appellants will not make any further claim over the suit property they have also agreed to withdraw O.S. No. 706/2024 filed by them on the file of IVth Additional Civil Judge, Hubballi.
11. That the respondent No. 5 and 6 have also no claim in and over the suit property in future.
12. That, the appellants have agreed to receive an amount of Rs. 5,00,000/- in terms of compromise arrived between the parties. The appellant No.1 has agreed to receive an amount of Rs. 2,00,000/-, appellant No. 2 has agreed to receive an amount of Rs.2,00,000/- and appellant No.3 has agreed to receive an amount of Rs. 50,000/-and appellant No. 4 has agreed to receive an amount of Rs.50,000/-The -6- NC: 2026:KHC-D:3795 RSA No. 100744 of 2022 HC-KAR Respondents have paid the amount by way of DD in favor of respondents No.1 to 4. The details of DD are as under:
1. Rs.2,00,000/- in the name of appellant No.1 with DD No.317973 drawn in the Bank of Baroda on 26/02/2026.
2. Rs.2,00,000/- in the name of appellant No.2 with DD No.317970 drawn in the Bank of Baroda on 26/02/2026.
3. Rs.50,000/- in the name of appellant No.3 with DD No.317974 drawn in the Bank of Baroda on 26/02/2026.
4. Rs.50,000/- in the name of appellant No.4 with DD No.317969 drawn in the Bank of Baroda on 26/02/2026.
13. That the defendants to the suit have agree to decree the suit in its entirely and accepted that they will not prefer any appeal challenging the validity of suit already decided between the parties in respect of suit properties.
14. The appellants have handed over possession of suit property and no objection to enter the name of respondent no.1 to 7 in revenue records pertaining to suit property on the -7- NC: 2026:KHC-D:3795 RSA No. 100744 of 2022 HC-KAR strength of sale deed dated: 04/06/1997, executed by Shri Krishna Govindarao Desai and Chidambar S/o Govinda Rao Desai and Seetabai Govindrao Desai. The appellants shall not cause any objections in respect of suit property for cultivation enjoyment by the respondent No 1 to 7."
4. After enquiry, I found that the compromise between the parties is lawful and voluntary. Appellant Nos.1 and 2 have reported the receipt of D.D. Nos.317973 and 317970 for a sum of ₹2,00,000/- each. Appellant Nos. 3 and 4 have reported the receipt of D.D. Nos.317969 and 317974 for ₹50,000/- each.
5. Hence, I pass the following:
ORDER
i) The compromise petition filed under Order XXIII Rule 3 of C.P.C. is accepted.-8-
NC: 2026:KHC-D:3795 RSA No. 100744 of 2022 HC-KAR
ii) The second appeal is disposed off in terms of the compromise petition.
iii) Draw decree accordingly.
iv) The compromise petition shall form part and parcel of the decree.
Sd/-
(GEETHA K.B.) JUDGE SSP /CT-AN List No.: 1 Sl No.: 6