Karnataka High Court
Tikasa S/O Narayan Habib vs Narayansa S/O Tikasa Habib on 12 November, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:15448-DB
RFA No. 100233 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 12TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
R.F.A. NO.100233 OF 2023 (PAR/POS)
BETWEEN:
1. TIKASA S/O. NARAYANSA HABIB,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O. BHANDAGE BUILDING, 2ND FLOOR,
BESIDE SHAMBHU PAN SHOP,
GHANTIKERI ONI CROSS,
AGASAR ONI, HUBBALLI-580030.
2. SMT. DIVYA W/O. TIKASA HABIB,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. BHANDAGE BUILDING, 2ND FLOOR,
BESIDE SHAMBHU PAN SHOP,
Digitally signed
GHANTIKERI ONI CROSS,
by V N
BADIGER
AGASAR ONI, HUBBALLI-580030.
Location: High
Court of
...APPELLANTS
Karnataka,
Dharwad Bench.
(BY SRI. SADASHIV S. PATIL, ADVOCATE)
AND:
1. NARAYANSA S/O. TIKASA HABIB,
AGE: 79 YEARS, OCC: BUSINESS,
R/O. H.NO. 19, 2ND CROSS,
PRAGATI COLONY, VIDYANAGAR,
HUBLI, PIN CODE-580021.
2. NAGARAJ S/O. NARAYANSA HABIB,
AGE: 53 YEARS, OCC: BUSINESS,
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RFA No. 100233 of 2023
HC-KAR
R/O. H.NO. 19, 2ND CROSS,
PRAGATI COLONY, VIDYANAGAR,
HUBLI, PIN CODE-580021.
3. MAHADEV S/O. NARAYANSA HABIB,
AGE: 51 YEARS, OCC: BUSINESS,
R/O. H.NO. 19, 2ND CROSS,
PRAGATI COLONY, VIDYANAGAR,
HUBLI, PIN CODE-580021.
4. RAJU S/O. NARAYANSA HABIB,
AGE: 46 YEARS, OCC: BUSINESS,
R/O. H.NO. 19, 2ND CROSS,
PRAGATI COLONY, VIDYANAGAR,
HUBLI, PIN CODE-580021.
5. SMT. MANJULA W/O. RAMCHANDRA BARAD,
AGE: 48 YEARS, OOC: HOUSE WIFE,
R/O. BESIDE BHAVANI PRINTING PRESS,
AGASAR ONI, HUBBALLI-580020.
6. SMT. ROOPA @ REKHA W/O. SURESH ATHANI,
AGE: 41 YEARS, OCC: HOUSE WIFE,
R/O. FLAT NO.102, MADHURA APARTMENT,
NEW BADAMI NAGAR, HUBBALLI-580023.
...RESPONDENTS
(BY SRI. VADIRAJ P. VADAVI, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CPC., 1908, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE PASSED IN ORIGINAL SUIT NO.116/2022, PASSED BY
THE HON'BLE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
HUBBALLI VIDE JUDGMENT AND DECREE DATED 01.04.2023, IN
THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
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RFA No. 100233 of 2023
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
1. Parties to this appeal, namely the appellants and
the respondents have filed a compromise petition under
Order XXIII Rule 3 of the Code of Civil Procedure, stating
that they have amicably settled their dispute in terms of the
said compromise petition.
2. It is stated that Respondent No.5 - Smt. Manjula
and Respondent No.6 - Smt. Roopa @ Rekha have
relinquished their rights in the suit schedule properties in
favour of the other parties and have declared that they
have no claim whatsoever in respect of the said properties.
3. The two items of the suit schedule properties are
divided between Appellant No.1, Respondent Nos.1 to 4 in
the manner stated in the compromise petition.
4. This Court has read over the contents of the
compromise petition to Respondent Nos.5 and 6 - Smt.
Manjula and Smt. Roopa @ Rekha, and ascertained from
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them whether they have understood the terms of the
compromise. Both Respondents Nos.5 and 6 have clearly
stated that they have understood the contents of the
compromise petition and that they have voluntarily given up
all their claims whatsoever in respect of the suit schedule
properties. They have also stated that they have no further
claim against the other parties to these proceedings.
5. The compromise petition also records the fact
that Appellant No.2 who is the wife of Appellant No.1 has
consented to the allotment of 1 acre 15 guntas of land in
favour of her husband, Appellant No.1 and has given up all
her independent claims, having regard to the gift deed
executed in her favour by Appellant No.1.
6. Consequently, suit in O.S.No.16/2022, on the file
of the learned I Additional Senior Civil Judge, JMFC, Hubballi
is decreed in terms of the compromise petition filed by the
parties. Accordingly, the judgment and decree passed by
the learned I Additional Senior Civil Judge, JMFC, Hubballi is
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modified in accordance with the terms of the compromise
petition filed by the parties herein.
7. The parties are directed to affix their signatures
on the order sheet, which shall be duly identified by their
respective learned counsel.
8. The office is directed to refund the court fee to
the appellants in accordance with law. Draw decree
accordingly.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
VB /CT-AN
