Karnataka High Court
Ningappa S/O Sangarappa Hugar vs Smt Kashibai W/O Veerabhadrappa Hugar on 18 November, 2025
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RSA No. 100639 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 18TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO.100639 OF 2024 (PAR/POS)
BETWEEN:
1. NINGAPPA S/O. SANGAPPA HUGAR,
AGE: 62 YEARS, OCC. AGRICULTURE,
R/O. VAJJARMATTI, TALUK: MUDHOL,
DIST. BAGALKOTE, PIN: 587313.
HANAMANTHS/O. SAGARAPPA HUGAR,
SINCE DECEASED BY HIS LR'S
2. SMT. DRUPADI W/O. HANAMANT HUGAR
AGE: 59 YEARS, OCC. HOUSE HOLD WORK,
R/O. VAJJARMATTI, TALUK: MUDHOL,
DIST. BAGALKOTE, PIN: 587313.
3. SMT. GEETA W/O. RAMESH GURAV,
AGE: 40 YEARS, OCC. HOUSE HOLD WORK,
R/O. TERDAL, TALUK: JAMKHANDI,
DIST. BAGALKOTE, PIN: 587313.
Digitally
signed by 4. SMT. KASHIBAI W/O. ISHWAR TAMBOLE,
YASHAVANT
YASHAVANT NARAYANKAR
NARAYANKAR Date:
AGE: 38 YEARS, OCC. HOUSE HOLD WORK,
2025.11.20
14:49:16 R/O. MUDHOL, TALUK: MUDHOL,
+0530
DIST. BAGALKOTE, PIN: 587313.
5. MANJUNATH S/O. HANAMANT HUGAR
AGE: 34 YEARS, OCC. AGRICULTURE,
R/O. VAJJARMATTI, TALUK: MUDHOL,
DIST. BAGALKOTE, PIN: 587313.
6. MUDAKAPPA @ MUTTAPPA S/O. SAGARAPPA HUGAR,
AGE: 47 YEARS, OCC. AGRICULTURE,
R/O. VAJJARMATTI, TALUK: MUDHOL,
DIST. BAGALKOTE, PIN: 587313.
7. SUVARNA W/O. KARIYAPPA HUGAR,
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RSA No. 100639 of 2024
HC-KAR
AGE: 47 YEARS, OCC. HOUSEHOLD WORK,
R/O. VAJJARMATTI, TALUK: MUDHOL,
DIST. BAGALKOTE, PIN: 587313.
8. LAXMAVVA W/O. PRAHALLAD HUGAR,
AGE: 48 YEARS, OCC. HOUSEHOLD WORK,
R/O. VAJJARMATTI, TALUK: MUDHOL,
DIST. BAGALKOTE, PIN: 587313.
9. RACHAVVA W/O. BASAPPA HUGAR,
AGE: 41 YEARS, OCC. HOUSEHOLD WORK,
R/O. VAJJARMATTI, TALUK: MUDHOL,
DIST. BAGALKOTE, PIN: 587313.
...APPELLANTS
(BY SRI. SHIVANAND MALASHETTI, ADVOCATE)
AND:
1. SMT. KASHIBAI W/O. VEERABHADRAPPA HUGAR,
AGE: 55 YEARS, OCC. HOUSEHOLD WORK,
R/O. SHARDAL VILLAGE,
NOW RESIDING AT:
GOURIBIDANUR KPTCL QUARTERS NO.81,
MADHUGIRI ROAD, TQ. GOURIBIDANUR. PIN: 587101.
SMT. DROUPADI W/O. VEERABHADRAPPA HUGAR,
(SINCE DIED BY LRS)
2. MAHANTESH S/O. HANAMANTAPPA HUGAR,
AGE: 44 YEARS, OCC. BUSINESS.
R/O. BADAWADAGI ONI, HUNAGUND,
TQ. HUNAGUND, DIST. BAGALKOTE, PIN: 587101.
3. MALLIKARJUN S/O. HANAMANTAPPA HUGAR,
AGE: 42 YEARS, OCC. BUSINESS
R/O. BADAWADAGI ONI, HUNAGUND,
TQ. HUNAGUND, DIST. BAGALKOTE, PIN: 587101.
4. SMT. DEEPA W/O. MAHESH HUGAR,
AGE: 36 YEARS, OCC. HOUSEHOLD WORK,
R/O. KATAGERI, TQ. GULEDAGUDDA,
DIST. BAGALKOTE, PIN: 587101.
5. SMT KASTRIBAI @ SHANKRAVVA
W/O. TAMMANNA HUGAR,
AGE: 45 YEARS, OCC. HOUSEHOLD WORK,
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HC-KAR
R/O. RAMADURGA, TQ. RAMADURGA,
DIST. BAGALKOTE, PIN: 587101.
6. SMT MAHADEVI W/O. VITTAL PUJAR,
AGE: 60 YEARS, OCC. HOUSEHOLD WORK,
R/O. SHARDAL, TQ. BAGALKOTE,
DIST. BAGALKOTE, PIN: 587101.
7. BASAPPA S/O. VITTAL PUJAR,
AGE: 35 YEARS, OCC. AGRICULTURE,
R/O. SHARDAL, TQ. BAGALKOTE,
DIST. BAGALKOTE, PIN: 587101.
8. SMT SHANTAVVA D/O. VITTAL PUJAR,
AGE: 32 YEARS, OCC. HOUSEHOLD WORK,
R/O. KATAGERI, NOW AT: SULIKERI,
TQ. BAGALKOTE, DIST. BAGALKOTE, PIN: 587101.
9. HANAMATH S/O. VITTAL PUJAR,
AGE: 30 YEARS, OCC. AGRICULTURE,
R/O. SHARDAL, TQ. BAGALKOTE,
DIST. BAGALKOTE, PIN: 587101.
10. YANKANNA S/O. SAGARAPPA HUGAR,
AGE: 57 YEARS, OCC. AGRICULTURE,
R/O. VAJJARMATTI, TQ. MUDHOL,
DIST. BAGALKOTE, PIN: 587101.
11. SMT. MAHADEVI W/O. BALAPPA SHIRABUR,
AGE: 55 YEARS, OCC. HOUSEHOLD WORK,
R/O. #69, UDAGATTI, TQ. BAGALKOTE,
DIST. BAGALKOTE, PIN: 587101.
...RESPONDENTS
(BY SRI. M.C. HUKKERI, ADVOCATE FOR R1 TO R10;
SRI. S.C. BHUTI, ADVOCATE FOR R11)
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
CALL FOR RECORDS AND TO SET ASIDE THE IMPUGNED JUDGMENT AND
DECREE DATED 24.06.2024 IN R.A.NO.26/2020 PASSED BY THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK SPECIAL
COURT-1, BAGALKOTE AND SET ASIDE THE JUDGMENT AND DECREE IN
O.S NO.90/2012 DATED 13.04.2018 PASSED BY 1ST ADDITIONAL SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS BAGALKOTE AND
CONSEQUENTLY REMAIN THE MATTER TO THE TRIAL COURT FOR FRESH
DISPOSAL BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND
EQUITY.
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RSA No. 100639 of 2024
HC-KAR
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
The learned counsel for the appellants, the learned counsel
for respondent No.1 to 10 and the learned counsel for
respondent No.11 are present. They submit that the matter has
been settled among the parties and accordingly they filed a
compromise petition under Order XXIII Rule 3 of the CPC.
2. The appellant No.1 to 9 and the respondent No.1 to
11 are present and they are duly identified by their respective
counsels.
3. The appellants No.1 to 9 and respondent No.10
submit that they together have received a sum of ₹14,80,000/-
in lieu of their share and have given up their rights against the
respondents. They acknowledge receipt of the said amount in the
Court, which is handed over to them. On questioning, they
together submit that the receipt of the said sum is as per the
compromise petition filed by them.
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4. The respondent No.1-Kashibai is present and she has
agreed to take her share of ₹12,00,000/- which is in deposit
before the V-Additional District and Sessions Judge, Bagalkot in
LAC No.1132/2020.
5. Similarly, respondent Nos. 2, 3 and 4 together
submit that they are ready to take a sum of ₹12,00,000/- in lieu
of their share, which is in deposit before the LAC Court as above.
6. Similarly, the respondent No.5 also submit that she
will take a sum of ₹12,00,000/- which is in deposit before the
LAC Court as above.
7. The respondent No.8 submits that she will take a
sum of ₹12,00,000/- which is in deposit before the LAC Court as
stated above.
8. It is agreed by respondent Nos.6, 7 and 9 that they
will take the remaining amount, which is in deposit before the
LAC Court in lieu of their share in the property.
9. The respondent No.6, 7 and 9 and one Smt.Sujata
have executed a registered sale deed in favour of the respondent
No.11 and all the parties to the present appeal confirm such sale
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in favour of respondent No.11. It is submitted that they had filed
a compromise petition in FDP No.28/2008 and the said
compromise decree dated 18.02.2020 is modified as per the
compromise petition filed in this appeal.
10. When the compromise petition is read over to the
parties, they admit that the contents are known to them and
they have affixed their signatures on the compromise petition
after understanding the contents of the same. In view of the
above, this Court finds no impediment in accepting the
compromise petition. As such, the impugned judgment is set
aside and the present appeal disposed of in terms of the
compromise petition.
11. Registry to draw the compromise decree as per the
compromise petition filed under Order XXIII Rule 3 of CPC of
CPC.
12. The compromise petition shall be part of the decree.
13. The present compromise decree may be placed
before the LAC Court, which may act as per clause-9 of the
present compromise decree.
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14. 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
