Sri Basanagouda S/O Karibasanagouda ... vs Shri Hanumantarao S/O Gurunathrao ...
2025 Latest Caselaw 10132 Kant

Karnataka High Court

Sri Basanagouda S/O Karibasanagouda ... vs Shri Hanumantarao S/O Gurunathrao ... on 12 November, 2025

                                                   -1-
                                                                NC: 2025:KHC-D:15490
                                                             RSA No. 100722 of 2024


                        HC-KAR




                       IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

                        DATED THIS THE 12TH DAY OF NOVEMBER, 2025

                                            BEFORE

                              THE HON'BLE MR. JUSTICE C M JOSHI

                      REGULAR SECOND APPEAL NO.100722 OF 2024 (POS)

                       BETWEEN:

                       SRI. BASANAGOUDA
                       S/O. KARIBASANAGOUDA PATIL,
                       AGE: 81 YEARS, OCC. AGRICULTURE,
                       R/O. HANDIGANUR,
                       TQ. AND DIST. HAVERI-581118.
                                                                          ...APPELLANT
                       (BY SRI. SABEEL AHMED, ADVOCATE FOR
                           SRI. A.S. PATIL, ADVOCATE)

                       AND:

                       SHRI. HANUMANTARAO
                       S/O. GURUNATHARAO KULKARNI,
                       AGE: 84 YEARS, OCC. AGRICULTURE,
                       R/O. ICHCHANGI, TQ. SAVANUR,
YASHAVANT              DIST. HAVERI-581118.
NARAYANKAR
                                                                        ...RESPONDENT
Digitally signed by    (BY SRI. DINESH M. KULKARNI, ADVOCATE)
YASHAVANT
NARAYANKAR
Date: 2025.11.13
10:24:06 +0530
                             THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
                       SET ASIDE THE IMPUGNED        JUDGMENT AND DECREE DATED
                       01.07.2024 PASSED BY THE HON'BLE I ADDITIONAL DISTRICT AND
                       SESSIONS JUDGE, AT HAVERI IN R.A.NO.58/2023 IN SO FAR AS
                       CONFIRMING THE IMPUGNED JUDGMENT AND DECREE DATED
                       28.07.2023, PASSED BY THE HON'BLE SENIOR CIVIL JUDGE AND
                       JUDICIAL MAGISTRATE FIRST CLASS COURT, AT SHIGGAON SITTING
                       AT SAVANUR IN O.S.NO.161/2017 DECREEING THE SUIT FILED BY
                       THE RESPONDENT/PLAINTIFF, IN THE INTEREST OF JUSTICE AND
                       EQUITY.
                               -2-
                                          NC: 2025:KHC-D:15490
                                       RSA No. 100722 of 2024


HC-KAR



     THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:

                       ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

The appellant and the respondent along with their counsels

are present and they are duly identified by the counsels.

2. The matter was referred to mediation and the

mediation was successful. Accordingly, a joint compromise

petition is filed under Article XXIII Rule 3 of CPC with the

approval of the mediator. As per the compromise, the appellant

has retained 4 acres 13 guntas on the western side and the

remaining 11 acres 10 guntas is agreed to be given to the

respondent.

3. On questioning, the appellant and the respondent

admit the above arrangement made between them so that the

litigation may be put to an end. Further, they also acknowledge

the contents of the compromise petition filed under Order XXIII

Rule 3 of CPC when read over to them. They admitted their

signatures on the same. In view of the above, the appeal

deserves to be disposed off. Hence the following:

NC: 2025:KHC-D:15490

HC-KAR

ORDER

i. The appeal is allowed.

ii. The impugned judgment is set aside.

iii. The appeal is disposed off in terms of the

compromise petition filed under Order XXIII

Rule 3 of CPC.

iv. The joint compromise petition shall be part of

the decree that is to be drawn by this Court.

v. The Court fee as permissible under Rules be

refunded to the appellant.

SD/-

(C M JOSHI) JUDGE

RKM CT:PA