High Court of Karnataka · 2025

1. SMT. RATNAVVA W/O. RAJASHEKHARAYYA NANDIKOLAMATH, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. SAUNSHI, TQ: KUNDAGOL, DIST: DHARWAD-581113.

2. SMT. NEELAVVA @ MUTTAVVA W/O. SHIDDAYYA CHIKKAMATH, AGE:50 YEARS, OCC:HOUSEHOLD WORK, R/O. BAMMIGATTI, TQ:KALGHATAGI, DIST: DHARWAD-581204.

3. SANGANAGOUDA S/O BASAIYYA MUDDANAGOUDAR, AGE: 27 YEARS, OCC: COOLIE, R/O: KORIYAVAR ONI, 1ST WARD NEAR MALLIKARJUN TEMPLE, SAUNSHI, TQ. KUNDAGOL, DIST. DHARWAD-581113.

4. LAXMI W/O PRAKASH INGALIGIMATH AGE: 24 YEARS, OCC: HOUSEHOLD WORK, R/O: KORIYAVAR ONI, 1ST WARD NEAR MALLIKARJUN TEMPLE, SAUNSHI, TQ. KUNDAGOL, DIST. DHARWAD-581113. SMT. LALITAVVA @ JAYAVVA W/O BASAYYA MUDDANAGOUDRA, PLFF.3 DIED ON 02-12-2017. HER LR’S ARE BROUGHT ON RECORD AS PER ORDER DATED 03.03.2022 AS APPELLANTS 3 & 4. MOHANKUMAR B SHELAR MOHANKUMAR B SHELAR - 2 - NC: 2025:KHC-D:3000-DB RFA No. 100019 of 2018 …APPELLANTS (BY SRI. N.P VIVEKMEHTA, ADV) AND:

1. SMT. KAMALAVVA W/O. VIRUPAXAGOUDA MURIGOUDRA, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. TEVARAMELLIHALLI, TQ: SAVANUR, DIST: HAVERI-581118, RESIDING AT HUBBALLI, SINCE PAST 30 YEARS.

2. SMT. SARASWATI W/O. IRAYYA YETTINAMATH (DIED ON 18.10.2021, HER ONLY SON GOT IMPLEADED AS RESPONDENT 9).

3. SMT. GEETA W/O. SHAMBHUNAGOUDA MARIGOUDRA, AGE: 40 YEARS, OCC: PRIVATE JOB, R/O. NANDAGOKUL, HUBBALLI-580020.

4. MEGHA D/O. SHAMBUNAGOUDA MARIGOUDRA, AGE: 10 YEARS, OCC: STUDENT, R/O. NANDAGOKUL, HUBBALLI-580020, (REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN I.E RESPONDENT NO.3 BY NAME SMT GEETA W/O. SHAMBHUNAGOUDA MARIGOUDRA)

5. SMT. KALLAVVA W/O. VIRUPAXAGOUDA MARIGOUDRA, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O. TEVARAMELLIHALLI, TQ: SAVANUR, DIST: HAVERI-581118.

6. NEELAVVA D/O. VIRUPAXAGOUDA MARIGOUDRA, AGE: 14 YEARS, OCC: STUDENT, - 3 - NC: 2025:KHC-D:3000-DB RFA No. 100019 of 2018

7. GADIGEPPAGOUDA VIRUPAXAGOUDA MARIGOUDRA, AGE: 12 YEARS, OCC: STUDENT, (R6 AND R7 ARE MINORS, REPRESENTED BY THEIR MOTHER & NATURAL GUARDIAN I.E., RESPONDENT NO.5 BY NAME SMT. KALLAVVA W/O. VIRUPAXAGOUDA MARIGOUDRA.)

8. CHANABASANAGOUDA S/O. MARIGOUDA MARIGOUDRA, AGE: 73 YEARS, OCC: AGRICULTURE, RESPONDENTS NO.6 TO 8 ARE R/O. TEVARAMELLIHALLI, TQ: SAVANUR, DIST: HAVERI-581118.

9. ISHWAR S/O IRAYYA YETTINMATH AGE: 29 YEARS, OCC: PRIVATE EMPLOYEE R/O: NOW AT HIREHARAKUNI VILLAGE TQ. KUNDAGOL, DIST. DHARWAD-581113 (IMPLEADED AS PER ORDER DTD. 15.04.2024 HE IS SON OF RESPONDENT NO.2, SMT. SARASWATI. …RESPONDENTS (BY SMT. VINUTA M. KHANNUR, ADV FOR R1, R3, R4 & R9, MISS. RANJITA G. ALAGAWADI, ADV AS COURT GUARDIAN FOR R6 & R7, SRI. RAJASHEKHAR S. ARANI, ADV FOR R8; NOTICE TO R2 & R5 ARE SERVED BUT UNREPRESENTED) THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 04.09.2017 PASSED IN O.S.NO.61/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HAVERI, PARTLY DECREEING THE SUIT FILED FOR PARTITION AND SEPARATE POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:3000-DB RFA No. 100019 of 2018 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellants and the respondents are present before this court. They are identified by their respective counsel.

2. The appellants and the respondents have amicably settled their dispute and filed the compromise petition under Order 23 Rule 3 of CPC, which reads as under. “1. The plaintiffs are sisters of late Virupaxagouda Marigoudar. The plaintiffs and late Virupaxagouda are children of late Gadigeppagouda and late Smt. Neelavva. Defendant по.8 Channabasanagouda is brother of Gadigeppagouda and paternal uncle of plaintiffs. Smt.Kamalavva 1st defendant / Resp. 1 is wife of Virupaxagouda Marigoudar. The Trial Court dismissed the suit and counter claim of defendant no. 8 was allowed. Against that present appeal is preferred. The contesting appellants / plaintiffs and contesting defendants 1 and 2, 3 and 4 who are resp. no. 1, resp.2 deceased Smt.Saraswati only son resp. 9, resp. 3 & 4 realising futility of fighting the litigation and to keep harmony among themselves as they belong to the family of late Gadigeppagouda and resp.8/def. 8 have arrived at a settlement on mediation of elders of village as follows without anybody's coercion and on their own free will. - 5 - NC: 2025:KHC-D:3000-DB RFA No. 100019 of 2018

2. First partition to be effected between Gadigeppagouda and Channabasanagouda (def. 8) each will get half (1/2) share in the suit properties.

3. The plaintiffs and defendants 1 to 7 will belong to the branch of late Gadigeppagouda. The plaintiffs / appellants 1, 2 each will entitle for 1 /4th share appellants 3 & 4 together entitle for 1 /4th share as they are LRs of Smt. Lalitavva Plf. 3. Appellants together get 3 /4th share. Late Virupaxagouda will get 1 /4th share, in that respondents 1, 2, 3 and 4 are entitled for equal share that is each will get 1/16th share in the suit property in notional partition in the properties fallen to the share of Gadigeppagouda. There

4. properties. Channabasanagouda def. 8 /resp. 8 is entitled for half share in the suit properties. schedule 3

5. The appellants and respondents herein arrived at a settlement as per their share stated supra and have got divided the properties as per their share as follows: i) R.S. No. 56/2-which measures 4 acres 25 guntas Out of it 1 acre 33 guntas allotted to the share of def. 8 as he has been cultivating the land. Remaining 2 acres 32 guntas Gadigeppagouda's branch plaintiffs and defendants 1 to 7 together. i.e. the branch of late Virupaxagouda, ii) R.S. No. 40/1A 1 acre 1 gunta entire this property is given to the branch of Gadigeppagouda Virupaxagouda, plaintiffs and defendants 1 to 7 together. i.e. iii) R.S. 37/2A 1 acre 16 guntas is allotted to def. 8 as he has been cultivating the land.

6. In all defendant no. 8 Channabasanagouda will get (1.33 acres +1.16 acres = 3.09 acres) in all 3 acres 9 guntas. In all late Virupaxagouda and plaintiffs 1 to 3 have get property in R.S. No. 56/2 2 acres 32 guntas and R.S. No. 40/1A 1 acre 1 gunta i.e. 2.32+ 1.01= 3.33 acres in all. - 6 - NC: 2025:KHC-D:3000-DB RFA No. 100019 of 2018 for equal share

7. Smt. Kallavva D5 is 2nd wife of late Virupaxagouda not entitled for any share. The defendants 6 and 7 who are children of late Virupaxagouda and 2nd wife Kallavva are entitled individual property of Virupaxagouda along defendants 1 to 3. So in notional partition between late Virupaxagouda and his 1st wife and children will get 1 /4th each. In 1 /4th share of late Virupaxagouda, has to be distributed equally to 5 persons who are his 1st wife and children and children from 2nd wife. So in 1 /4th share 5 shares have to be made i.e. 1 /4 ÷ 5 i.e., 1/20th share. So respondents 6 and 7 together get 2 / 20th share i.e. 1 /10th share. The respondents 1 & 9 and 3 & 4 will get 1/4 + 1/20 = 6/20 = 3/10 each. (So resp. 1 will get 3/10 and resp. 9 who is only son of resp. 2 will get 3/10 resp. 3 & 4 who are wife and daughter of Shambhanagouda son of late Virupaxagouda and 1st resp. Kamalavva will get 3/10.) the share of

8. The plaintiffs and respondents 1 to 7 and 9 are entitled to the extent of their share said supra in the property late Virupaxagouda and allotted plaintiffs/appellants decendants Gadigeppagouda. (i.e. 2 acres 32 guntas in R.S. No. 56/2 and 1 acre 1 gunta in R.S. No. 40/1 A = 2 acres 32 guntas + 1 acre 1 gunta = 3 acres 33 guntas.) Wherefore it is humbly prayed the Honorable Court may kindly be pleased to permit the parties to compromise the appeal / suit as per this petition in the interest of justice and equity.”

3. The contents of the compromise petition is read over and explained to the parties in the Kannada language, and they have accepted the terms and conditions of the compromise petition.

4. The compromise petition is placed on record. - 7 - NC: 2025:KHC-D:3000-DB RFA No. 100019 of 2018

5. Accordingly, the appeal is disposed off, in terms of the compromise petition.

6. Office is directed to draw the decree, in terms of the compromise petition. Sd/- (ASHOK S. KINAGI) JUDGE Sd/- (UMESH M ADIGA) JUDGE MBS CT: BSB List No.: 2 Sl No.: 1