Karnataka High Court
Ramangouda vs Naglisab on 16 October, 2025
-1-
NC: 2025:KHC-D:13998
RSA No. 1133 of 2007
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO. 1133 OF 2007 (SP)
BETWEEN:
1. RAMANGOUDA
S/O. BASANAGOUDA PATIL,
SINCE DECEASED BY HIS LRS.,
1A. GEETA WD/O. RAMANGOUDA PATIL,
AGE: 43 YEARS, OCC. SERVICE,
R/O. INAMDAR GALLI, MARIHAL,
TQ AND DIST. BELAGAVI.
1B. DEEPA W/O. SATISH PATIL,
AGE: 25 YEARS, OCC. HOUSEHOLD WORK,
R/O. LAILA SUGAR FACTORY, KUPATGIRI,
TQ. KHANAPUR, DIST. BELAGAVI.
1C. DIVYA D/O. RAMANGOUDA PATIL.
YASHAVANT AGE: 23 YEARS, OCC. HOUSEHOLD WORK,
NARAYANKAR R/O. INAMDAR GALLI, MARIHAL,
Digitally signed by TQ AND DIST. BELAGAVI.
YASHAVANT
NARAYANKAR
Date: 2025.10.18
10:51:28 +0530 1D. BASANGOUDA S/O. RAMANGOUDA PATIL,
AGE: 20 YEARS, OCC. STUDENT,
R/O. INAMDAR GALLI, MARIHAL,
TQ AND DIST. BELAGAVI.
2. SHIVANAGOUDA S/O. BASANAGOUDA PATIL,
(SINCE DECEASED BY HIS LRS.,)
2A. MAHADEVI WD/O. SHIVANGOUDA PATIL,
AGE: 50 YEARS, OCC. HOUSEHOLD WORK,
R/O. PANCHAYAT GALLI, MARIHAL,
TQ AND DIST. BELAGAVI.
-2-
NC: 2025:KHC-D:13998
RSA No. 1133 of 2007
HC-KAR
2B. PREMA @ RAJESHWARI HONAKNAWAR,
AGE: 32 YEARS, OCC. HOUSEHOLD WORK,
R/O. KOLVI, KHANAGAON, TQ. GOKAK,
DIST. BELAGAVI.
2C. VAISHALI W/O. HARISH HOSUR,
AGE: 30 YEARS, OCC. HOUSEHOLD WORK,
R/O.C/O. HARISH HOSUR, LIG-209, KHB,
AMARGOL, NAVANAGAR, HUBBALLI.
3. SANGANGOUDA S/O. BASANAGOUDA PATIL,
AGED ABOUT 28 YEARS,
OCC. AGRICULTURE,
R/AT. INAMDAR GALLI, MARIHAL,
TQ. AND DIST. BELAGAVI-590016.
4. KASHAVVA W/O. BASANAGOUDA,
AGED ABOUT 70 YEARS,
OCC. HOUSEHOLD,
R/AT. INAMDAR GALLI, MARIHAL,
TQ. AND DIST. BELAGAVI-590016.
5. SHANTAVVA W/O. BABU DESAI,
AGED ABOUT 35 YEARS,
OCC. HOUSEHOLD,
R/AT. APMC QTRS, MARIHAL YARD,
TQ. AND DIST. BELAGAVI-590016
6. SHOBHA W/O. SIDRAMAPPA HOSAMANI,
AGED ABOUT 38 YEARS,
OCC. HOUSEHOLD,
R/AT. EXTENSION AREA, NEAR APMC YARD,
BAILHONGAL, TQ. BAILHONGAL,
DIST. BELAGAVI-590016.
...APPELLANTS
(BY SRI. SANGRAM S.KULKARNI, ADVOCATE)
AND:
1. JANGLISAB S/O. MOHD HUSSAIN MULLA,
(SINCE DECEASED BY HIS LRS.,)
1A. MRS. JIBHEDA WD/O. JANGALISAB MULLA,
-3-
NC: 2025:KHC-D:13998
RSA No. 1133 of 2007
HC-KAR
AGE: 74 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO.425-A, MARATHA GALLI,
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
1B. MR. SHABBIR AHMED S/O. JANGALISAB MULLA,
AGE: 60 YEARS, OCC. AGRICULTURE,
R/O. H.NO.425-A, MARATHA GALLI,
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
1C. MRS. ASMA W/O. RIYAZ MAKANDAR
JANGALISAB MULLA,
AGE: 56 YEARS, OCC. HOUSEHOLD WORK,
R/O. KAROSHI, TQ. CHIKKODI,
DIST. BELAGAVI.
1D. MRS. NOORJAHAN MAKANDAR
AGE: 51 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO.425-A, MARATHA GALLI,
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
1E. MRS. MUMTAZ W/O. ALLABAKSHN SHAIKHJI
AGE: 42 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO.439-A, BHAGBAN GALLI,
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
1F. MRS. DINAR W/O. DADAPEER ZARE,
AGE: 48 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO.222, MARATHA GALLI,
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
1G. MR. MOHAMMED RAFIQ
S/O. JANGALISAB MULLA,
AGE: 46 YEARS, OCC. BUSINESS,
R/O. H.NO.424, MARATHA GALLI,
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
1H. MR. SHAHAJAAN S/O. JANGALISAB MULLA,
AGE: 44 YEARS, OCC. BUSINESS,
R/O. H.NO.425, MARATHA GALLI,
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
1I. MR. MALIKJAAN S/O. JANGALISAB MULLA,
AGE: 40 YEARS, OCC. BUSINESS,
R/O. H.NO.425, MARATHA GALLI,
-4-
NC: 2025:KHC-D:13998
RSA No. 1133 of 2007
HC-KAR
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
1J. MRS. ARIFA W/O. SAKDRODDIN GOVE,
AGE: 38 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO.29, HOSPET GALLI,
HIREBAGEWADI, TQ. AND DIST. BELAGAVI.
1K. MRS. SHAMSHAD W/O. CHANDSAB MULLA
AGE: 43 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO.43, PATIL GALLI,
GOVT. HOSPITAL, YAMKANMARDI,
TQ. AND DIST. BELAGAVI.
1L. MR. SHAMASHODDIN S/O. JANGALISAB MULLA,
AGE: 41 YEARS, OCC. AGRICULTURE,
R/O. H.NO.424, MARATHA GALLI,
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
1M. MR. HAMID S/O. JANGALISAB MULLA,
AGE: 33 YEARS, OCC. AGRICULTURE,
R/O. H.NO.425, MARATHA GALLI,
VILLAGE: MARIHAL, TQ. AND DIST. BELAGAVI.
...RESPONDENTS
(BY SRI. SRINAND A.PACHHAPURE, ADVOCATE FOR R1 (A TO M))
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE
JUDGEMENT & DECREE DATED: 18.12.2006 PASSED IN
R.A.NO.214/2002 ON THE FILE OF THE I ADDL.CIVIL JUDGE
(SR.DN.), BELAGAVI, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGEMENT AND DECREE DATED: 30.9.2002 PASSED IN
OS.NO. 709/1999 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DN.),
BELAGAVI.
THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-5-
NC: 2025:KHC-D:13998
RSA No. 1133 of 2007
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Learned counsel appearing for the appellants and
respondent are present.
2. The appellants and respondents are also present.
3. The petition under Order XXIII Rule 3 of CPC is filed
recording the settlement between the parties. Respondent
No.10, who is the power of attorney holder of all other
respondents is present before the Court. Among the appellants,
except the appellant Nos.1(B), 1(C) and 2(B), all other
appellants are present.
4. The learned counsel appearing for the appellant
submits that except appellant No.2(B), all other appellants have
signed the compromise petition. He also submits that the
appellant No.2(B) would file an affidavit, confirming the
settlement reached as per the compromise petition within a
week.
NC: 2025:KHC-D:13998
HC-KAR
5. The appellants and respondent No.1(I) submit and
acknowledged the contents of the compromise petition. By virtue
of the compromise petition, 5 guntas of the suit schedule
property is retained by the land owners of the property and the
remaining portion of 15 guntas is agreed to be sold to the
respondents.
6. The above settlement between the parties is just,
proper and reasonable. Therefore, the settlement as per the
compromise petition filed under Order XXIII Rule 3 of CPC is
accepted. Hence, the following:
ORDER
i) The appeal is allowed.
ii) The impugned judgment and decree is set aside.
iii) The appeal is disposed of in terms of the
compromise petition filed under Order XXIII Rule
3 of CPC.
iv) The decree be drawn after applicant No.2B files
her affidavit confirming the contents of the
compromise petition.
NC: 2025:KHC-D:13998
HC-KAR
v) If for any reason applicant No.2(B) do not file
the affidavit as confirming the compromise
petition, this order stands recalled and the
appeal will be restored to its file.
SD/-
(C M JOSHI)
JUDGE
SSP
CT:PA
