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Karnataka High Court
Sri. Channabasappa S/O Basavanneppa ... vs Shri. Shankarappa S/O Sadashivappa ... on 26 March, 2026
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NC: 2026:KHC-D:4703
RSA No. 100444 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 26TH DAY OF MARCH 2026
BEFORE
THE HON'BLE MRS JUSTICE GEETHA K.B.
REGULAR SECOND APPEAL NO. 100444 OF 2018 (POS)
BETWEEN:
SRI. CHANNABASAPPA
S/O. BASAVANNEPPA KONNUR,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: AMTE CHAWL, MANTUR ROAD, HUBBALLI,
NOW R/AT: H.NO.99, SHIVAGIRI LAYOUT,
UNKAL-580031.
...APPELLANT
(BY SRI. C.N. HARLAPUR, ADVOCATE)
AND:
1. SHRI SHANKARAPPA
S/O. SADASHIVAPPA SHETTAR,
AGE: 63 YEARS,
Digitally signed
OCC: RETIRED SERVICE,
by BHARATHI
HM R/O: MADHURA ESTATE,
Location:
HIGH COURT
OF HUBBALLI-580023.
KARNATAKA,
DHARWAD
BENCH
2. SHRI RACHAPPA
S/O. GURUSIDDAPPA KONNUR,
AGE: 60 YEARS, OCC: BUSINESS,
R/O: H.NO.65, BHUSPETH,
HUBBALLI-580028.
3. SHRI ASHOK
S/O. GURUSIDDAPPA KONNUR,
AGE: 55 YEARS, OCC: BUSINESS,
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NC: 2026:KHC-D:4703
RSA No. 100444 of 2018
HC-KAR
R/O: H.NO.65, BHUSPETH,
HUBBALLI-580028.
4. SHRI GANGADHAR
S/O. GURUSIDDAPPA KONNUR,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: H.NO.65, BHUSPETH,
HUBBALLI-580028.
AS PER COURT ORDER DATED 26.03.2026
THE APPEAL AGAINST R2-R4 IS NOT PRESSED.
ACCORDINGLY AMENDMENT IS CARRIED OUT.
...RESPONDENTS
(BY SRI. RAJSHEKHAR R. GUNJALLI, ADVOCATE FOR R1;
NOTICE TO R2-R4 IS DISMISSED AS NOT PRESSED)
THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING
TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN
REGULAR APPEAL NO.23/2013 DATED 30.01.2018 BY THE
PRINCIPAL SENIOR CIVIL JUDGE HUBBALLI, AT: HUBBALLI AND
TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN O.S.
NO.77/2006 DATED 23.11.2012 BY THE SECOND ADDITIONAL
CIVIL JUDGE AND J.M.F.C. III COURT, HUBBALLI AT: HUBBALLI,
IN THE ENDS OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.
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NC: 2026:KHC-D:4703
RSA No. 100444 of 2018
HC-KAR
ORAL ORDER
Learned counsels for appellant and respondent No.1
have filed compromise petition under Order XXIII Rule 3 of
C.P.C.
2. Both the appellant and respondent No.1 present
before the Court and they are identified by the respective
learned counsels.
3. Today respondent No.1 has paid ₹.1,00,000/- to
the appellant and appellant reports receipt of ₹.1,00,000/-
from the respondent No.1 and respondent No.1
acknowledges the receipt of key of suit schedule property
from appellant.
4. The relevant terms and conditions of the
compromise petition are as follows:
"It is submitted that during the pendency of the
above appeal on the advice of elderly persons and well-
wishers of the both parties the appellant and respondent
No.1 are agreed and settled the dispute between them
and compromised the dispute in terms of following
conditions:
NC: 2026:KHC-D:4703
HC-KAR
a) The Appellant agreed to vacate the suit
schedule property in dispute by receiving
Rs.1,00,000/- and hand over the vacant
possession.
b) Accordingly, the respondent No.1 has paid
Rs.1,00,000=00 today and the appellant has
acknowledges the receipt of the same and
handed over the key of vacant suit property
to the respondent No.1 today.
c) The Appellant has deposited the arrears of
rent amount in respect of the suit schedule
property in question before the trail court in
H.R.C. No. 12/2000 and in Ex. Case No.
32/2013 or before this Hon'ble court. The
respondent No. 1 has no objection for
withdrawal of the entire amount deposited in
the above cases in favour of Appellant i.e.
Channabasappa S/O Basavanneppa Konnur.
d) The Respondent 2 to 4 have suffered the
decree passed in O.S. No 77/2006 and they
have not challenged the said judgment and
decree. The appellant only challenged the
said judgment and decree in R.A. No
23/2013 and same is came to be dismissed,
After dismissal, the appellant filed the
present second appeal. Hence respondent
No 2 to 4 are formal parties. Hence, they
have not parties to the compromise
petition."
NC: 2026:KHC-D:4703
HC-KAR
5. On enquiry and perusal of compromise petition
and appeal memo papers, it is found that the compromise
entered between the parties is voluntary and lawful one.
Hence, compromise petition is accepted. Appeal is disposed
of in terms of compromise petition.
6. Draw decree accordingly.
7. The compromise petition shall be part and parcel
of the decree.
8. The appellant has deposited arrears of rent
before the trial Court and respondent has no objection to
withdraw said amount by the appellant.
9. Hence, trial Court is permitted to refund the
deposit of arrears of rent amount to the appellant on proper
identification.
Sd/-
(GEETHA K.B.)
JUDGE
SSP
CT-MCK
LIST NO.: 1 SL NO.: 3
