Karnataka High Court

Raju S/O Late Ranoji And Anr vs Laxmibai W/O Rukmanrao And Ors on 19 August, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                       RSA No. 200393 of 2022


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                                IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                             DATED THIS THE 19TH DAY OF AUGUST, 2025

                                             BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        REGULAR SECOND APPEAL NO.200393 OF 2022
                                           (PAR/POS)

                   BETWEEN:

                   1.   SRI RAJU S/O LATE RANOJI
                        AGED ABOUT 47 YEARS,
                        OCC: AGRICULTURE,
                        R/O: BASAVAKALYAN TALUKA,
                        DIST: BIDAR - 585 326.

                   2.   SANJEEV S/O LATE RANOJI,
                        AGED ABOUT 26 YEARS,
                        OCC: AGRICULTURE,
                        R/O: BASAVAKALYAN TALUKA,
                        DIST: BIDAR - 585 326.
Digitally signed                                                ...APPELLANTS
by RENUKA          (BY SRI VENKATESH C. MALLABADI, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA          AND:

                   1.   LAXMIBAI W/O RUKMANRAO
                        AGED ABOUT 58 YEARS,
                        OCC: HOUSEHOLD,
                        R/O: BASAVAKALYAN TALUKA,
                        DIST: BIDAR - 585 326.
                   2.   GANGARAM S/O SATOBA GAWALI,
                        AGED ABOUT 57 YEARS,
                        OCC: AGRICULTURE,
                        R/O: PATHAK GALLI,
                        DIST: BIDAR - 585 326.
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3.   TUKARAM S/O SATOBA GAWALI,
     AGED ABOUT 44 YEARS,
     OCC: AGRICULTURE,
     R/O: PATHAK GALLI,
     DIST: BIDAR - 585 326.

4.   ROOPAVATHI W/O LATE MAKKAJI,
     AGED ABOUT 38 YEARS,
     OCC: HOUSEHOLD,
     R/O: PATHAK GALLI,
     DIST: BIDAR - 585 326.

5.   RADHA D/O LATE MAKKAJI,
     AGED ABOUT 20 YEARS,
     OCC: HOUSEHOLD,
     R/O: PATHAK GALLI,
     DIST: BIDAR - 585 326.
6.   NARSHING S/O LATE MAKKAJI,
     AGED MINOR,
     UNDER GUARDIAN OF REAL MOTHER,
     ROOPAVATHI
     W/O LATE MAKKAJI,
     AGED ABOUT 38 YEARS,
     OCC: HOUSEHOLD,
     R/O: PATHAK GALLI,
     DIST: BIDAR - 585 326.
7.   MAHADU S/O LATE MAKKAJI,
     AGED MINOR, UNDER GUARDIAN
     OF REAL MOTHER,
     ROOPAVATHI
     W/O LATE MAKKAJI,
     AGED ABOUT 38 YEARS,
     OCC: HOUSEHOLD,
     R/O: PATHAK GALLI,
     DIST: BIDAR - 585 326.
8.   SARUBAI W/O LATE RAM GAWALI,
     AGED ABOUT 53 YEARS,
     OCC: HOUSEHOLD,
     R/O: GORKHA GALLI,
     BIDAR - 585 326.
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9.   TUKARAM S/O LATE RAM GAWALI,
     AGED ABOUT 43 YEARS,
     OCC: HOUSEHOLD,
     R/O: GORKHA GALLI,
     BIDAR - 585 326.


10. ARJUN S/O LATE RAM GAWALI,
    AGED ABOUT 42 YEARS,
    OCC: HOUSEHOLD,
    R/O: GORKHA GALLI,
    BIDAR - 585 326.


11. SANTOSH S/O LATE RAM GAWALI,
    AGED ABOUT 39 YEARS,
    OCC: HOUSEHOLD,
    R/O: GORKHA GALLI,
    BIDAR - 585 326.


12. VIJAY S/O LATE RAM GAWALI,
    AGED ABOUT 36 YEARS,
    OCC: HOUSEHOLD,
    R/O: GORKHA GALLI,
    BIDAR - 585 326.



13. RANI D/O LATE RAM GAWALI,
    AGED ABOUT 30 YEARS,
    OCC: HOUSEHOLD,
    R/O: GORKHA GALLI,
    BIDAR - 585 326.



14. BABU S/O LATE RAM GAWALI,
    AGED ABOUT 28 YEARS,
    OCC: HOUSEHOLD,
    R/O: GORKHA GALLI,
    BIDAR - 585 326.
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15. JAMUNABAI W/O SHIVAJI GAWALI,
    AGED ABOUT MAJOR YEARS,
    OCC: HOUSEHOLD,
    R/O: BASAVKALYAN TALUKA,
    BIDAR - 585 326.


16. GANGABAI W/O MARUTHI GAWALI,
    AGED ABOUT MAJOR,
    OCC: HOUSEHOLD,
    R/O: GORKHA GALLI,
    BIDAR - 585 401.


17. DASHARATH S/O LATE NARAYAN GAWALI,
    AGED ABOUT 58 YEARS,
    OCC: AGRICULTURE,
    R/O: GORKHA GALLI,
    BIDAR - 585 401.


    MANJULA W/O VITHALRAO, DIED BY LRS

18. VITHAL S/O RUKMANRAO,
    AGED ABOUT 35 YEARS,
    OCC: AGRICULTURE,
    R/O: BASAVAKALYAN,
    DIST: BIDAR - 585 401.


19. MAHADEV S/O VITHAL
    AGED ABOUT 06 YEARS,
    MINOR UNDER GUARDIAN OF
    NATURAL FATHER,
    VITHAL S/O RUKMANRAO,
    AGED ABOUT 35 YEARS,
    OCC: AGRICULTURE,
    R/O: BASAVAKALYAN,
    DIST : BIDAR - 585 401.
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20. SIDDU S/O VITHAL
    AGED ABOUT 04 YEARS,
    MINOR UNDER GUARDIAN OF
    NATURAL FATHER,
    VITHAL S/O RUKMANRAO,
    AGED ABOUT 35 YEARS,
    OCC: AGRICULTURE,
    R/O: BASAVAKALYAN,
    DIST: BIDAR - 585 401.

                                               ...RESPONDENTS
(BY SRI AJAYKUMAR A.K., ADVOCATE FOR R1;
    SRI RAVI B.PATIL, ADVOCATE FOR R2 TO R7;
    RESPONDENT NO.9 IS DECEASED AS PER
    CAUSE TITLE IN COMPROMISE PETITION;
    SRI MULCHAND GARJE, ADVOCATE FOR R10;
    VIDE ORDER DATED 14.03.2024 NOTICE TO R8, R13 AND
    R16 ARE HELD SUFFICIENT.
    R11, R12, R14 AND R15 ARE SERVED.
    APPEAL AGAINST R17 IS ABATED.
    SRI YASHAS S.DIKSHIT, ADVOCATE FOR R18
    (R19 AND R20 ARE MINOR U/G OF R18));
     THIS   REGULAR   SECOND    APPEAL    IS    FILED   UNDER
SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING
TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND
DECREE DATED 01.02.2022 PASSED IN R.A.NO.109/2018 ON
THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE AT BIDAR, SETTING ASIDE THE JUDGMENT AND
DECREE DATED 16.12.2017 PASSED IN O.S.NO.06/2015 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND C.J.M., BIDAR AND
TO PASS ANY OTHER APPROPRIATE ORDERS, IN THE INTEREST
OF JUSTICE AND EQUITY.
     THIS REGULAR SECOND APPEAL, COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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CORAM:     HON'BLE MR. JUSTICE SHIVASHANKAR
           AMARANNAVAR


                     ORAL JUDGMENT

The compromise petition under Order XXIII RULE 3

of Code of Civil Procedure is filed and it is signed by

appellants No.1 and 2 and respondents No.1 to 7 and 10.

Respondent No.10 - Arjun is the Special Power of Attorney

Holder of respondents No.8, 11 to 16 and 18 to 20. The

compromise petition is enclosed with the affidavits of

appellants No.1, 2 and respondents No.1, 2, 10 and the

copy of the Special Power of Attorney dated 12.08.2025

executed in favour of Arjun (respondent No.10).

02. Appellants No.1 and 2 and respondents No.1 to

7 and respondent No.10 are present before the Court.

Respondent No.10-Arjun is the Special Power of Attorney

of respondents No.8, 11 to 16 and 18 to 20.

03. The terms of settlement as enumerated in

compromise petition are as under:-

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"The Appellants, respondent herein most respectfully submits as under:

1. The present appeal is filed aggrieved by the judgment and decree dated 01-02-2022 passed in R.A.No.109/2018 on the file of the Additional District and Sessions Judge at Bidar, setting aside the judgment and decree dated 16.12.2017 passed in O.S.No.06/2015 on the file of the Senior Civil Judge and CJM, Bidar.

2. It is submitted that, due to intervention of the elders and well wishers, of the appellants and respondent herein, have settled the dispute amicably, out of the Court on the following terms and conditions.

3. It is agreed by both the parties that, the plaintiff No.1(a) to 1(f) / respondents No.2 to 7 herein that, the suit property was already divided and partitioned long ago between them and acted upon and thereafter the brothers and their family members namely Late Ram s/o Narayan Gawali, Late Dasharth s/o Narayanrao Gawali and Late Ranoji s/o Naryanrao Gawali, to whom

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share was divided and devolved have with their free will and consent have in partnership with M/s. Vasavi Homes (BDK) represented by its partners Dnyaneshwar s/o Baburao Halgonde to develop and form residential layout in the suit property and a joint development agreement in form of SPA was registered on 05.03.2021 bearing document No.9988/202-2021. The parties agreed that the suit lands are now converted and layout are formed and open plots are already sold and the respective purchasers are now owners of the suit land.

4. The suit O.S.No.6/2015 was filed by Late Narmada w/o Late Satoba Gawali and Laxmibai w/o Rukmanrao seeking partition and separate possession against their brothers and their legal representatives. The suit O.S.No.06/2015 on the file of Prl. Sr. Civil Judge and CJM Court at Bidar was dismissed on 16.12.2017 and thereafter Regular Appeal in R.A.No.109/2018 was preferred by Lrs of Narmada w/o Late Satoba Gawali, i.e. respondent No.2 to 7 herein and Laxmibai w/o Rukmanrao, which came to be allowed by judgment and decree dated

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01.02.2022 on the file of Additional District and Sessions Judge at Bidar granting 1/5th share to the appellants / plaintiffs. The parties agree that on 25.08.2022, the respondent No.1 / plaintiff No.2 namely Laxmibai w/o Rukaman Rao, has executed relinquishment deed by way of registered document bearing No.178/2022-2023.

5. The parties agree that after filing of the present second appeal and due to intervention of the elders the parties being Lrs' of Late Narmada w/o Late Satoba Gawali, i.e. respondent No.2 to

R.A.No.109/2018. The respondents No.2 to 7 in this appeal have agreed and have accepted an amount of Rs.2,00,000/- (Rupees two lakhs Only) each and Rs.12,00,000/- (Rupees Twelve Lakhs) in total which is delivered to us by way of demand drafts as under:

A. Gangaram s/o satoba Gawali, ..Pintf-1(a) / AppInt-2 / Respondent-2 [Rs.2,00,000/- DD No.990213 dated 13.08.2025 of the Canara Bank, Bidar].

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B. Tukaram s/o Satoba Gawali, ..Plntf-1(b) / AppInt-3 / Respondent-3 [Rs.2,00,000/- DD No.990211 dated 13.08.2025 of the Canara Bank, Bidar].

C. Roopavathi w/o Late Makkaji, ..Pintf-1(c) / AppInt-4 / Respondent-4 [Rs.2,00,000/- DD No 990212 dated 13.08.2025 of the Canara Bank, Bidar].

D. Radha d/o Late Makkaji, ..Plntf-1(d) / AppInt-5 / Respondent-5 [DD No.067103 dated 13.08.2025 of the District Co-operative Central Bank Ltd., Bidar].

E. Narshing s/o Late Makkaji, ..Plntf-1(e) / AppInt-6 / Respondent-6 [Rs.2,00,000/- DD No 990210 dated 13.08.2025 of the Canara Bank, Bidar].

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          F.    Mahadu @ Maha Dev s/o Late
          Makkaji,
                ..Pintf-1(f)       /       AppInt-7      /
          Respondent-7                  [Rs.2,00,000/-DD

No.067104 dated 13.08.2025 of the District Co-operative Central Bank Ltd., Bidar].

i.e. respondents No.2 to 7 respectively as the full and final settlement towards their share / compensation amount towards the claim in the suit property Sy.No.46/1 measuring 12 acres 31 Guntas of Chickpet village, Bidar in O.S.No.06/2015 and R.A.No.109/2018.

6. It is agreed by all the parties that, the respondents herein will not claim any amount or execute the judgment and decree dated 16.12.2017 in O.S.No.06/2015 on the file of Prl. Sr. Civil Judge and CJM Court at Bidar and the judgment and decree dated 01.02.2022 on the file of Additional District and Sessions Judge at Bidar in R.A.No.109/2018 and also the final decree passed in FDP.12/2022 dated 03-05- 2025, and further shall not have any claim whatsoever against the appellants and against

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the M/s. Vasavi Homes (BDK), Bidar or any persons whatsoever over the suit properties and declare that we the respondents No.2 to 7 of this second appeal i.e. the Legal representatives of Late Narmada w/o Late Satoba Gawali do not have any right, title or interest over the suit properties or any ancestral properties of Late Narayan Gawali and declare that the appellants

and M/s. Vasavi Homes (BDK), Bidar and all subsequent purchaser of plots in suit property Sy.No.46/1 measuring 12 acres 31 Guntas of Chickpet village, Bidar are owners of the property and they have right, title and interest.

7. Both parties have agreed that, all pending cases including Ex.No.66/2025 pending on the file of Prl Senior Civil Judge and CJM Bidar and O.S.No.322/2024 on the file of Ist Additional Senior Civil Judge Court at Bidar, both filed by respondents No.2 to 7 will be withdrawn, and so also, the appeal filed by the present appellants, challenging the said final decree vide appeal bearing RA.25/2025 pending on the file of Prl. Dist. and Sessions Judge Court Bidar shall also

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stands withdrawn and the present respondent No.2 to 7 are not entitled to raise any type of objection or claim in the said appeal. Further, the parties to this appeal agree not to file any civil or criminal proceedings against each other with respect to suit property Sy.No.46/1 measuring 12 acres 31 Guntas of Chickpet village, Bidar nor will file any case before any C ourt either seeking any execution of the judgment or challenging the decree, against each other or file Criminal Case against each other making any allegation out of the present compromise petition.

8. The respondent in terms of the above seek to withdraw the claim made in suit O.S.No.06/2015 on the file of Prl. Sr. Civil Judge and CJM Court at Bidar and to withdraw the rights and claim granted by the judgment and decree dated 01.02.2022 on the file of Additional District and Sessions Judge at Bidar in R.A.No.109/2018 and the respondents has no objection to allow the present appeal in terms of this compromise petition. The respondent will not claim any further amount from the appellants.

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9. It is agreed by the both parties to this appeal that, both appellants herein and respondent herein will co-operate with each other all further deeds and documentation if any necessary for and in respect of suit property Sy.No.46/1 measuring 12 acres 31 Guntas of Chickpet village, Bidar.

10. Both the parties to the petition agree that, the compromise is done with sound mind and free consent with full and final satisfaction of the parties, without any pressure, coercion or undue influence, after understanding the contents of this compromise petition, duly explained to them in Kannada language which is best known to them."

04. The said terms of compromise petition are

read-over to the parties and the parties accept the terms

of compromise.

05. Respondents No.1 to 7 acknowledge the receipt

of Demand Draft of Rs.2,00,000/- each, the details of

which are mentioned in Para No.5 of the compromise

petition. The terms of the compromise are lawful.

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06. In view of the settlement between the parties,

the appeal is disposed of in terms of the compromise