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Karnataka High Court
Smt. Laxmi W/O Late Basavaraj Hugar ... vs Smt. Ratnamma on 17 December, 2025
-1-
NC: 2025:KHC-D:18373
RSA No. 100678 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 17TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO.100678 OF 2018
BETWEEN:
1. SMT. LAXMI
W/O. LATE BASAVARAJ HUGAR (PUJAR),
AGE: 40 YEARS,
OCC. AGRICULTURIST AND ANGANAWADI HELPER,
R/O. ALABANOOR VILLAGE,
TALUK: SINDHANOOR, RAICHUR DISTRICT,
NOW RESIDING AT MARLANAHALLI,
TALUK: GANGAVATHI, DIST. KOPPAL.
2. KUMAR SANTHOSH
S/O. LATE BASAVARAJ HUGAR (PUJAR),
AGE: 21 YEARS, R/O. ALABANOOR VILLAGE,
TALUK: SINDHANOOR, RAICHUR DISTRICT,
NOW RESIDING AT MARLANAHALLI,
Digitally
signed by TALUK: GANGAVATHI, DIST. KOPPAL.
YASHAVANT
YASHAVANT NARAYANKAR
NARAYANKAR Date:
2025.12.19
11:08:55
+0530
3. KUMARI PANKAJA
D/O. LATE BASAVARAJ HUGAR (PUJAR),
AGE: 19 YEARS, R/O. ALABANOOR VILLAGE,
TALUK: SINDHANOOR, RAICHUR DISTRICT,
NOW RESIDING AT MARLANAHALLI,
TALUK: GANGAVATHI, DIST. KOPPAL.
...APPELLANTS
(BY SRI. SATISH M.S., ADVOCATE)
AND:
1. SMT. RATNAMMA
W/O. LATE RUDRAPPA HUGAR (PUJAR),
-2-
NC: 2025:KHC-D:18373
RSA No. 100678 of 2018
HC-KAR
SINCE DEAD BY HER LRS ARE ALREADY ON RECORD I.E.
R2 TO R4
2. CHANNABASAPPA
S/O. LATE RUDRAPPA HUGAR (PUJAR),
AGE: 60 YEARS, OCC. AGRICULTURE,
R/O ALABANOOR, TALUK: SINDHANOOR,
RAICHUR DISTRICT,
NOW RESIDING AT BEHIND THE
HOUSE OF M. MALLIKARJUNA EX-MINISTER,
NEAR NEELAKANTESHWARA TEMPLE,
GANGAVATHI, DIST. KOPPAL.
3. SHARANAPPA
S/O. LATE RUDRAPPA HUGAR (PUJAR)
SINCE DECEASED BY HIS LRS.
3A. SMT. ERAMMA
W/O. LATE SHARANAPPA,
AGED ABOUT 73 YEARS, OCC. HOUSEHOLD,
R/O. ALABANOOR VILLAGE AND POST,
SINDHANOOR TALUK, RAICHUR DISTRICT-584128.
3B. SRI. SHARANABASAVA
S/O. LATE SHARANAPPA,
AGED ABOUT 35 YEARS, OCC. HOUSEHOLD,
R/O. ALABANOOR VILLAGE AND POST,
SINDHANOOR TALUK, RAICHUR DISTRICT-584128.
3C. SMT. VANI
D/O. LATE SHARANAPPA,
AGED ABOUT 30 YEARS, OCC. HOUSEHOLD,
R/O. ALABANOOR VILLAGE AND POST,
SINDHANOOR TALUK, RAICHUR DISTRICT-584128.
3D. SMT. JYOTHI
D/O. LATE SHARANAPPA,
AGED ABOUT 26 YEARS, OCC. HOUSEHOLD,
R/O. ALABANOOR VILLAGE AND POST,
SINDHANOOR TALUK, RAICHUR DISTRICT-584128.
4. SMT. BASAMMA
W/O. SHANKRAPPA HUGAR (PUJAR),
AGE: 47 YEARS,
-3-
NC: 2025:KHC-D:18373
RSA No. 100678 of 2018
HC-KAR
OCC. AGRICULTURE AND HOTEL BUSINESS,
R/O. ALBANOOR, TALUK: SINDHANOOR,
NOW RESIDING AT GUNNAL VILLAGE BY THE SIDE OF
NATIONAL HIGH WAY NO.13,
TALUK: YELBURGA, DISTRICT: KOPPAL.
5. SMT. HEMAVATHI
W/O. LATE CHANDRASHEKHAR HUGAR (PUJAR),
AGE: 37 YEARS, OCC. HOUSEHOLD,
R/O. ALBANOOR, TALUK: SINDHANOOR,
RAICHUR DISTRICT,
NOW RESIDING AT MARLANAHALLI,
TALUK: GANGAVATHI, DISTRICT: KOPPAL.
SINCE MISSING FROM 01.01.2016
REPRESENTED BY HER LRS RESPONDENT NO.6 AND 7.
6. KUMARI NANDINI
D/O. LATE CHANDRASHEKHAR HUGAR (PUJAR),
W/O. MAHANTESH HUGAR,
AGE: 20 YEARS, OCC. HOUSEHOLD,
R/O. AMINGHAD VILLAGE,
TALUK: HUNGUND, DISTRICT: BAGALKOTE.
7. KUMAR MANJUNATH
S/O. LATE CHANDRASHEKHAR HUGAR (PUJAR),
AGE: 18 YEARS, OCC. COOLIE,
R/O. WARD NO.20, BEHIND THE HOUSE OF M.
MALLIKARJUNA,
EX-MINISTER, NEAR NEELAKANTESHWARA TEMPLE,
GANGAVATHI.
8. SMT. BASAMMA
W/O. LATE BASAPPA HUGAR (PUJAR),
AGE: 82 YEARS, OCC. AGRICULTURE,
R/O. ALBANOOR, TALUK: SINDHANOOR,
DISTRICT: RAICHUR.
9. BASAPPA
S/O. LATE BASAPPA HUGAR (PUJAR),
AGE: 57 YEARS, OCC. AGRICULTURE,
R/O. ALBANOOR, TALUK: SINDHANOOR,
DISTRICT: RAICHUR.
-4-
NC: 2025:KHC-D:18373
RSA No. 100678 of 2018
HC-KAR
10. BASAVARAJ
S/O. LATE BASAPPA HUGAR (PUJAR),
AGE: 52 YEARS, OCC. AGRICULTURE,
R/O. ALBANOOR, TALUK: SINDHANOOR,
DISTRICT: RAICHUR.
11. AMARESH
S/O. LATE BASAPPA HUGAR (PUJAR),
AGE: 45 YEARS, OCC. AGRICULTURE,
R/O. ALBANOOR, TALUK: SINDHANOOR,
DISTRICT: RAICHUR.
...RESPONDENTS
(BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE FOR R8 TO R11;
SRI. L.M. KURAHATTI, ADVOCATE FOR R2, R4, R6, R7 AND R3(A)
TO R3(D);
R2 TO R4 ARE LRS OF R1 (V/O DATED 12.07.2022)
R5-DISPENSED WITH (V/O DATED 17.12.2025)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
CALL FOR THE ENTIRE RECORDS IN O.S.NO.55/2013 ON THE FILE OF
THE PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI AND IN
R.A.NO.36/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, GANGAVATHI AND TO SET ASIDE THE IMPUGNED JUDGMENT
AND DECREE IN R.A.NO.36/2016 PASSED BY THE LEARNED SENIOR
CIVIL JUDGE AND JMFC, GANGAVATHI DATED 29.01.2018 AND
THEREBY UP HELD THE JUDGMENT AND DECREE PASSED BY THE
TRIAL COURT IN O.S.NO.55/2013 PASSED BY THE PRINCIPAL CIVIL
JUDGE AND JMFC, GANGAVATHI DATED 12.07.2016 BY ALLOWING
THIS APPEAL WHILE DECREEING THE SUIT OF THE APPELLLANT AND
ETC.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
-5-
NC: 2025:KHC-D:18373
RSA No. 100678 of 2018
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Learned counsel appearing for the applicants and
respondents submit that the parties have entered into a
compromise amicably and as such, they have filed compromise
petition under Order XXIII Rule 3 of CPC.
2. The appellants herein are the plaintiffs No.1 to 3 and
they had filed a suit for partition. Their suit came to be decreed
partly in respect of some of the suit schedule properties.
Assailing the same, they had approached this Court in this
second appeal.
3. Now it is submitted that the parties have settled their
dispute amicably and they have partitioned the properties as
mentioned in the compromise petition.
4. The compromise petition is also accompanied with a
rough hand sketch where the portions of the land have been
shown. It is submitted that the sketch annexed to the
compromise petition is in respect of Survey No.150 of Alabanoor
village of Sindhanoor Taluk.
NC: 2025:KHC-D:18373
HC-KAR
5. The appellant No.1 to 3, respondent No.2, 3A to 3D,
4 and 6 to 11 are present before the Court and they have been
duly identified by their respective counsels. On questioning, all of
them submit that they have read over the compromise petition
fully and they acknowledge the contents of the compromise
petition. They reiterate that they have amicably settled the
matter and accordingly the compromise petition has been drafted
and signed by them.
6. In view of the categorical submission by all the
parties, who are present before this Court, the compromise
petition is accepted. Therefore, the impugned judgment needs to
be modified. Hence, the following:
ORDER
(i) The appeal is disposed of in terms of the
compromise petition under Order XXIII Rule 3
of CPC filed by the parties, who admit the
contents of it.
(ii) The impugned judgment of the First Appellate
Court and the Trial Court is hereby set aside.
NC: 2025:KHC-D:18373
HC-KAR
(iii) Registry is directed to draw the decree as per
the compromise petition and the compromise
petition shall be part of the decree.
(iv) In view of disposal of the appeal, pending
interlocutory applications, if any, do not survive
for consideration and are disposed of.
SD/-
(C M JOSHI)
JUDGE
YAN
CT:PA
LIST NO.: 1 SL NO.: 6
