Karnataka High Court
Shri. Bhimrao S/O Subrao Chougule vs Baburao S/O Subrao Chougule on 23 October, 2025
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NC: 2025:KHC-D:14195
RSA No. 5690 of 2011
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 23RD DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE C M JOSHI
REGULAR SECOND APPEAL NO. 5690 OF 2011 (PAR)
BETWEEN:
1. SHRI BHIMRAO S/O SUBRAO CHOUGULE,
AGE: 62 YEARS, OCC. MILK VENDOR,
R/O. 1214/A, SARAF GALLI,
SHAHAPUR, BELAGAVI,
DIST. BELAGAVI -590001.
2. SHRI DNYANESHWAR S/O. SUBRAO CHOUGULE,
AGE: 57 YEARS, OCC. MILK VENDOR,
R/O. 1214/A, SARAF GALLI,
SHAHAPUR, BELAGAVI,
DIST. BELAGAVI -590001.
3. SHRI GURUNATH S/O. SUBRAO CHOUGULE,
AGE: 54 YEARS, OCC. MILK VENDOR,
R/O. 1214/A, SARAF GALLI,
SHAHAPUR, BELAGAVI,
YASHAVANT DIST. BELAGAVI -590001.
NARAYANKAR
...APPELLANTS
Digitally signed by
YASHAVANT
NARAYANKAR
(BY SRI. SHIVARAJ BALLOLLI, ADVOCATE)
Date: 2025.10.27
10:44:19 +0530
AND:
1. SHRI BABURAO S/O. SUBRAO CHOUGULE,
SINCE DECEASED BY HIS LRS.,
1A. SMT. SARASWATI W/O. BABURAO CHOUGULE,
AGE: 65 YEARS, OCC. HOUSE WIFE,
R/O. 1214/13/2, SARAF GALLI,
SHAHAPUR, BELAGAVI,
TQ. AND DIST. BELAGAVI -590001.
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1B. SHRI RAMESH S/O. BABURAO CHOUGULE,
AGE: 44 YEARS, OCC. BUSINESS,
R/O. 1214/13/2, SARAF GALLI,
SHAHAPUR, BELAGAVI,
TQ. AND DIST. BELAGAVI -590001.
1C. SHRI UMESH S/O. BABURAO CHOUGULE,
AGE: 43 YEARS, OCC. BUSINESS,
R/O. 1214/13/2, SARAF GALLI,
SHAHAPUR, BELAGAVI,
TQ. AND DIST. BELAGAVI -590001.
1D. SHRI MAHESH S/O. BABURAO CHOUGULE,
AGE: 40 YEARS, OCC. BUSINESS,
R/O. 1214/13/2, SARAF GALLI,
SHAHAPUR, BELAGAVI,
TQ. AND DIST. BELAGAVI -590001.
1E. CHAYA W/O. RAMA PATIL,
D/O. BABURAO CHOUGULE,
AGE: 46 YEARS, OCC. HOUSEWIFE,
R/O. H.NO.414, BASAVANNA NAGAR,
GUNDWAD, BELAGAVI,
TQ. AND DIST. BELAGAVI-590001.
2. BALKRISHNA S/O. SUBRAO CHOUGULE,
AGE: MAJOR, OCC. BUSINESS,
R/O. 1214/B/2, SARAF GALLI,
SHAHAPUR, BELAGAVI,
DIST. BELAGAVI-590001.
3. MALHARI S/O. DEVAPPA KURADE
AGE: 59 YEARS, OCC. BUSINESS,
R/O. PANGUL GALLI, BELAGAVI,
NOW AT 1214/A, SARAF GALLI,
SHAHAPUR, BELAGAVI,
DIST. BELAGAVI-590001.
4. SHANKAR S/O. DEVAPPA KURADE,
AGE: 54 YEARS, OCC. BUSINESS,
R/O. PANGUL GALLI, BELAGAVI,
NOW AT 1214/A, SARAF GALLI,
SHAHAPUR, BELAGAVI,
DIST. BELAGAVI-590001.
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RSA No. 5690 of 2011
HC-KAR
5. SHRI KIRAN S/O. DEVAPPA KURADE,
AGE: 54 YEARS, OCC. BUSINESS,
R/O. PANGUL GALLI, BELAGAVI,
DIST. BELAGAVI-590001.
6. SMT. TULSABAI @ PARVATI
W/O. GANAGARA MARGALE,
SINCE DECEASED REPRESENTED BY HER LR.,
6A. ANANT GANGARAM MARGALE
AGE: 50 YEARS, OCC. AGRICULTURE,
R/O. #419, PATIL GALLI, BELAGAVI,
DIST. BELAGAVI-590001.
7. SMT. LAXMIBAI W/O. NARAYAN PATIL,
SINCE DECEASED BY HER LRS.,
7A. SMT. SHEETAL SURESH GORAL,
AGE: 53 YEARS, OCC. HOUSEHOLD WORK,
R/O. #J-195, BELAGAVI,
TQ. AND DIST. BELAGAVI-590010.
7B. NISHIGANDHA YALLAPPA PAWASHE
AGE: 48 YEARS,OCC. HOUSEHOLD WORK,
R/O. #2136, PANGUL GALLI,
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. RAMACHANDRA A. MALI, ADVOCATE FOR R2-R5 AND
R6(A), R7(A AND B);
SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R1(A) R1(E))
THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE DATED 12.07.2011 PASSED
IN R.A.NO.165/2009 ON THE FILE OF THE I ADDITIONAL SENIOR
JUDGE, BELAGAVI CONFIRMING THE JUDGMENT AND DECREE DATED
16.11.2009 PASSED IN O.S.NO.326/95 ON THE FILE OF PRL. CIVIL
JUDGE JR. DN. BELAGAVI BY ALLOWING THE TOP NOTED APPEAL TO
MEET THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:
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RSA No. 5690 of 2011
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Appellants 1 to 3 are present. Deceased respondent
No.1-Baburao S/o.Subrao Chougule is represented by his legal
representatives respondent Nos.1(a) to 1(e). Respondent
No.1(a) and 1(e) have executed Special Power of Attorney in
favour of respondent No.1(b), who is present before the
Court. Respondent No.1(c) and 1(d) are also present before
this Court. Respondent No.2-Balakrishna is present and he is
the GPA holder of remaining respondent Nos.3, 4, 5, 6(a),
7(a) and 7(b).
2. The parties are present before this Court and have
filed a compromise petition under Order XXIII Rule 3 of CPC
and submit that they have amicably settled the dispute in
respect of suit schedule property, which is a house property.
The compromise petition is accompanied with a sketch
wherein the mode of partition has been set out. The said
sketch is also signed by all the parties, who are present before
this Court. On enquiry, the parties, who are present and duly
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identified by their respective counsel, have submitted that the
compromise petition has been read over and explained to
them and they know the contents of the same. They also
submit that the sketch has been prepared with their consent
and they have settled their dispute accordingly.
3. In view of the same, the settlement being just and
proper, the same is accepted. Hence, the following:
ORDER
i) The judgment and decree passed by both
the Courts below is hereby set aside.
ii) The appeal is disposed of in terms of the
compromise petition filed by the parties.
iii) The compromise petition shall be part of the
compromise decree to be drawn.
iv) The registry is directed to draw the
compromise decree in terms of the
compromise petition.
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v) In view of disposal of the appeal, pending
interlocutory applications, if any, do not
survive for consideration and are disposed of
accordingly.
SD/-
(C M JOSHI)
JUDGE
YAN
CT:PA
