IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23^RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS JUSTICE K S HEMALEKHA REGULAR FIRST APPEAL NO. 200102 OF 2024 (PAR/POS)

BETWEEN:

IRANNAGOUDA S/O. SHIVANNAGOUDA BENAL, SINCE DECEASED BY LRS

1. MALLAMMA W/O. IRANNAGOUDA PATIL AGE 59 YEARS, OCC: HOUSEHOLD R/O. MUKIHAL, KALADEVANAHALLI, VIJAYAPURA-586101

2. SHIVAJRAJ PATIL S/O. IRANNAGOUDA PATIL AGE: 37 YEARS, OCC: GOVT. SERVANT R/O. UKP CAMP, HUNASAGI, YADGIR-585201

3. RAVICHANDRA S/O. IRANNAGOUDA PATIL AGE 30 YEARS, OCC: AGRICULTURE R/O. MUKIHAL, KALADEVANAHALLI, VIJAYAPURA-586101.

4. PRIYANKA D/O. IRANNAGOUDA PATIL AGE 25 YEARS, OCC: AGRICULTURE R/O. MUKIHAL, KALADEVANAHALLI, VIJAYAPURA-586101 …APPELLANTS (BY SRI DEEPAK V. BARAD, ADVOCATE)

AND:

1. YALLAMMA W/O. JAJANAGOUDA BIRADAR AGE: 36 YEARS, OCC: H.H.WORK, R/O. KALLADEVANAHALLI, TQ. MUDDEBIHAL-586212. 2. MAHADEVAPPAGOUDA W/O. SHANTAGOUDA PATIL AGE: 56 YEARS, OCC: PROFESSOR, R/O. BASAVANAGAR, TALIKOTI, TQ. MUDDEBIHAL-585212.

3. SHANKARAGOUDA S/O. SHANTAGOUDA PATIL AGE: 51 YEARS, OCC: TEACHER, R/O. BASAVANAGAR, TALIKOTI, TQ. MUDDEBIHAL-585212.

4. MALLAMMA W/O. IRANAGOUDA PATIL DELETED VIDE AGE: 36 YEARS, OCC: H.H.WORK COURT ORDER R/O. KALLADEVANAHALLI, DATED 23.7.2025 TQ. MUDDEBIHAL-585212.

5. LAXMIBAI W/O. HANAMANTRAY BENAL AGE: 47 YEARS, OCC:H.H.WORK, R/O. KALAKERI, TQ. SINDAGI-586101.

6. SHARANAMMA W/O. SANGANAGOUDA BIRADAR AGE: 63 YEARS, OCC: H.H. WORK, R/O. KALLADEVANAHALLI, TQ. MUDDEBIHAL-585212.

7. NEELAMMA W/O. SHARANAPPAGOUDA BIRADAR AGE: 53 YEARS, OCC:H.H.WORK, R/O. KODAKOL, TQ. JEVARGI-585310.

8. ANASUBAI @ ANASUYA W/O. HANAMANTH @ HANAMANTAPPA ANAGADI AGE: 41 YEARS, OCC: H.H.WORK, R/O. CHITAPUR, TQ. LINGASUR, DIST. RAICHUR-584127.

…RESPONDENTS (BY SRI ARUNKUMAR AMARGUNDAPPA, ADV. FOR R1, R6 & R8;

SRI SURAJ BHAVIKATTI, ADV. FOR R2, R3, R5 & R7;

V/O. DATED 23.07.2025 R4 IS DELETED)

THIS RFA IS FILED U/SEC. 96 R/W ORDER 41 RULE 1 OF CPC, PRAYING TO ALLOW THE ABOVE APPEAL AND CONSEQUENTLY TO SET ASIDE THE JUDGMENT AND DECREE DATED 30.07.2022 PASSED BY SENIOR CIVIL JUDGE & JMFC MUDDEBIHAL IN O.S.NO.105/2016, FURTHER PRAYED TO DISMISS THE SUIT OF THE PLAINTIFF IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE Mrs JUSTICE K S HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K S HEMALEKHA)

A compromise petition is filed by the appellants and the respondents under Order 23 Rule 3 CPC. Both the appellants and respondents are present before the Court duly identified by their respective counsels. The terms of the compromise read as under:

“3. It is agreed and settled between the parties with regard to the ITEM No.1 as follows.

a. The defendant No.8/respondent No.8 (Anasubai) has agreed in terms of compromise that she may be declared as owner and possessor of the land Sy. No.6/1 measuring 2 acres 15 guntas towards western side out of total land 3 acres 37 guntas boundaries as follow;

East : Land of Neelamma (Appellant No.1)

West : Road North : Land of Sanganna Athani South : Open land and thereafter Krishna River situated at Rakkasagi village, Tq: Muddebihal, Dist: Vijayapura, which is more fully and clearly described and marked in Red colour in the sketch map appended to this compromise petition.

The appellants and respondent No.1 to 7 are hereby relinquishes, releases, conveys all such rights, claims, title and interest of whatsoever nature over item No.1 to an extent of 2 acres 15 guntas towards western side in favour of defendant No.8/respondent No.8 and henceforth they shall not interfere in possession of defendant No.8/respondent No.8 over the aforesaid property. The appellants and respondent No.1 to 7 herein are their legal heirs shall henceforth do not have any right, title or interest whatsoever manner over the aforesaid property.

b. The defendant No.7/respondent No.7 (Neelamma) has agreed in terms of compromise t