Sri Fakkirappa S/O Adiveppa Badni Vs Sri Chandrashekhargouda S/O Shivanagouda Pujar

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NC: 2025:KHC-D:12669-DB RFA No. 100497 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF SEPTEMBER 2025 PRESENT

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THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 100497 OF 2023 (DEC/INJ-)

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BETWEEN:

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SRI. FAKKIRAPPA S/O. ADIVEPPA BADNI, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O. KESHWAPUR, HUBBALLI-580023, DISTRICT: DHARWAD.

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YASHAVANT NARAYANKAR

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Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD

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SRI. MOHAN S/O. ADIVEPPA BADNI, AGED ABOUT 57 YEARS, OCC: AGRICULTURE, R/O. KESHWAPUR, HUBBALLI-580023, DISTRICT: DHARWAD.

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(BY SRI. S.G. KADADAKATTI, ADVOCATE)

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…APPELLANTS

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AND:

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SRI. CHANDRASHEKHARGOUDA S/O. SHIVANAGOUDA PUJAR, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. HEMARADDI MALLAMMA NAGAR, KUSGAL, TQ: HUBBALLI-580030, DISTRICT: DHARWAD.

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NC: 2025:KHC-D:12669-DB RFA No. 100497 of 2023

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HC-KAR

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SRI. UMESHGOUDA S/O. SHIVANAGOUDA PUJAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. HEMARADDI MALLAMMA NAGAR, KUSGAL, TQ: HUBBALLI-580030, DISTRICT: DHARWAD.

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SMT. NINGAVVA W/O. SHANKARAGOUDA PUJAR, AGE: 76 YEARS, OCC: HOUSEHOLD, R/O. RAJUR, YALBURGA TQ-583236, KOPPAL DISTRICT.

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…RESPONDENTS

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(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R1 & R2; SMT. SHARMILA M. PATIL, ADVOCATE FOR R3)

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THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC, PRAYING TO CALL FOR RECORDS; TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.08.2023 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE & JMFC, HUBBALLI IN O.S.NO. 221/2017 AND TO DISMISS THE SUIT OF PLAINTIFFS BY ALLOWING THIS APPEAL AND ETC.

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

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CORAM: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR AND THE HON'BLE MR. JUSTICE C.M. POONACHA

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NC: 2025:KHC-D:12669-DB RFA No. 100497 of 2023

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

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The present first appeal is filed by the defendant Nos.1 and 2 calling in question the judgment and decree dated 01.08.2023 in O.S.No.221/2017 passed by the Principal Senior Civil Judge, Hubballi¹ whereunder the suit for declaration and injunction filed by the respondent Nos.1 and 2/plaintiffs was decreed by the Trial Court.

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The learned counsel for the appellants and the respondents have filed a compromise petition under Order XXIII Rule (1) read with Section 151 of the Code of Civil Procedure, 1908² placing on record the compromise agreed to between the parties, which reads as under:

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“M EMORANDUM OF COMPROMISE PETITION U/O 23 RULE (1) R/W SEC.151 OF CPC

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The appellants and respondents most respectfully submit as under:

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01. The appellants herein were the original defendants' No. 1 was and 2, Respondents No. 1 and 2 were the

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1 Hereinafter referred to as the ‘Trial Court’

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2 Hereinafter referred to as ‘CPC’

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original plaintiffs and Respondent No.3 was the original Defendant No.3. The plaintiffs have filed the suit in O.S.No.221/2017 before the Prl. Senior Civil Judge, Hubballi, against the Defendants i.e., appellants and Respondent No.3 for the relief of declaration that they are the absolute owners of suit schedule property i.e., land bearing Sy. No.742/2, measuring 12.12 acres situated at Kusagal Hubballi and for permanent Injunction. The said contested by the Appellants and the trail Court was pleased to decree the suit vide Judgment dated 01.08.2023 which is under challenge in the above appeal by the original Defendants 1 and 2.

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2. That the above appeal is admitted and granted stay to the operation and execution of impugned judgment and decree. It is submitted that in the meantime the elders and well-wishers of both side have intervened and advised both appellants and Respondents on the ground that the dispute is with regard to identity only and in view of the same and considering the nature of dispute involved between the parties and to resolve the difference amicably and peacefully, the elders have suggested to settle the dispute by compromise and accordingly both the appellants and respondents have realized and confirmed the terms as suggested and have accepted by the appellants and Respondents and accordingly they settled the differences in the following terms

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voluntarily on their own without coercion or instigation of anybody;

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(a) The appellants had purchased the land measuring 06-00 acres, out of 15 acre 06 guntas, in Block No.742/1, towards eastern side portion which is abutting to Haliyal Road, with specific boundaries from the husband of 3rd respondent Sri. Shankaragouda S/o Ramanagouda Pujar. The appellants are in peaceful possession and enjoyment of the said property from date of purchase till today which is admitted and confirmed by the Respondents.

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(b) That the Ministry of Road Transport and Highways, New Delhi, was pleased to issue Notification dated 07.04.2010, by exercising its power conferred under Sub-Section(1) of Section 3-A of National Highways Act, 1956(48 of 1956) by notifying several lands for acquisition including the land in Block No.742/1 and 2 for widening/ four lane etc.,) maintenance and operation of construction of Bypass to Hubli City connecting National Highway No.218, 63 and N.H.4 about 10117.Sq meter and the Designated Authority and Special Land Acquisition Officer, National Highways, Mini Vidhansoudha, Dharwad was pleased pass award and issue award notice dated 04.09.2014.

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(c) The 3rd Respondent who was original Defendant No.3, had filed Application for payment

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order in Misc. No.2/2015 on the file of Prl. Senior Civil Judge, Hubballi and also filed another application for enhancement of compensation under Section 3(G) of National Highways Act.

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(d) That the land acquired by the National Highway Authorities is in Block No.742/1 which is as per PT Sheet and Revenue Records and the said portion comes towards western side which is standing in the name of 3rd Respondent.

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(e) It is submitted that by taking advantage and the acquisition of western side area in Block No. 742/1, the Respondents 1 and 2/ original plaintiffs have filed the suit seeking for declaration and Permanent Injunction against the appellants and 3rd Respondent who were Defendants. The appellants and 3rd respondent have filed the written statement. The appellants have denied the suit claim. The 3rd respondent supported the case of the plaintiffs based on the PT sheet prepared by the survey authorities.

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(f) The Trial Court based on PT Sheet and spot inspection report of Court Commissioner and Revenue Records was pleased to decree the suit.

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(g) Since the appellants and respondents are not disputing the ownership, extent and possession of the properties as per sale deed and actual possession but the Respondents 1 and 2 claiming

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NC: 2025:KHC-D:12669-DB RFA No. 100497 of 2023

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rights in respect of eastern side portion based on the Revenue Records and the PT sheet.

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(h) In view of the nature of dispute and considering the claim of the appellants and Respondents, the elders, well-wishers intervened in the matter and advice both the parties with noble and good intention to resolve the difference and considering the best interest of all parties to the dispute, the appellants and respondents have agreed to settle the matter once for all. Further, the Respondents are admitting the possession of the appellants as per sale deed and in view of compromise, the respondents agreed and shall cooperate for rectification of the boundaries in the sale deed in terms of map enclosed and further the respondents 1 and 2, the owners of old Block No.742/2, (Block No.742/V as shown in the hand sketch map) their successors, heirs, assignees or anybody claiming under them have agreed and no objection to have egress and ingress for the appellants to reach the land measuring 06-00 acres in Block No.742/1 (which is assigned as Block No. 742/IV in the hand sketch). The respondent No.3 has no objection to leave the extent of land as shown in the hand sketch map which starts from National Highway Outer Ring Road to the land of appellants and same is accepted by the appellants and the Respondent No.3 is admitting the right, title, interest and possession of the appellants and all the parties

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shall abide by the above the terms and conditions and shall not obstruct the usage of way each others have dispute or take back the property to be used for right of way as agreed by them.

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(i) The Respondents have agreed and confirmed that the appellants are in actual physical possession of the property as described in the sale deed and they are agreed to hand over the physical possession in favor of respondents 1 and 2 and after the completion of rectification deed the respondents 1 to 3 shall agree to hand over the actual physical possession to an extent of 06-00 acre in favor of the appellants as shown in the fresh P T Sheet to be prepared by the Survey Authorities in consonance of the hand sketch map annexed to this compromise petition. The Appellants have to complete the rectification deed on or before April 2026, otherwise the possession of old Block No.742/2 (Block No.742/V as shown in the hand sketch map) shall be delivered to Respondents 1 and 2 on or before 31^st May 2026. If the appellants failed to secure the possession block No:742/2 (Block 742/V) as shown in the map. The respondents No.1 and 2 are at liberty to take possession to the extent of 12 acre 12 guntas as shown in the hand sketch map.

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(j) The respondents have agreed and undertakes to appear before the sub registrar Hubballi and to submit no objection for rectification

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NC: 2025:KHC-D:12669-DB RFA No. 100497 of 2023

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of boundaries in the sale deed dated 03.03.1997 Registered in the Office of Senior Sub-Registrar, Hubballi, Registration No. No.5452, in pages 20 to 24 of Volume 1806 of Book No. I of the appellants property as shown in the hand sketch map, failing which on the presentation of compromise decree the Senior-Sub Registrar Hubballi kindly be directed to get rectified the boundaries in the sale deed dated 03.03.1997 of the appellants as per the existing boundaries in the hand sketch map/fresh PT Sheet get prepared by the Survey Authorities.

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(k) The appellants and respondents shall agree to co-operate to get corrected to enter their names in the revenue records by moving joint or individual application to the Revenue Authorities and each of them have no objection whatsoever to get enter their names in terms of the compromise decree. The sketch produced along with compromise Petition identifying/demarcation of the area of the properties of respective parties is admitted which is the part and parcel of the compromise decree so as to avoid future disputes between the parties, their heirs, successors and anybody claiming under them.

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(l) Since the parties to the compromise have been agreed and accepted the right, title and possession as shown in the P T sheet in respect of sub numbers fresh PT sheet required to be prepared for which all the parties have agreed and undertakes

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to make joint request to the DDLR or ADLR for drawing up off fresh PT Sheet and all parties have no objection to cancel the old PT Sheet and on such request the DDLR or ADLR obliged to prepare fresh PT Sheet which is to be in consonance of hand sketch map and none of the parties can object for the same.

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(m) All the parties to this compromise petition shall agree and confirmation the terms of the compromise petition by filing their individual affidavits.

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SCHEDULE OF THE PROPERTY OF THE APPELLANTS

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The land measuring 06 acres formed in Block No.742/1 (as per hand sketch 742/IV) situated at Kusugal Village Taluk Hubballi District Dharwad with the following boundaries:

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East: The land of respondents 1 and 2 in Block No.742/2 (742/V as per hand sketch map)

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West: The land of respondent No.3 and Bye pass road (ORR) formed by National Highway Authorities towards Northern side in Block No.742/1(which is shown as 742/III in the hand sketch map).

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North: The landed property of others in Sy. No.744 and Sub numbers.

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South: The landed property of others in Sy. No.740 and sub numbers.

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PRAYER

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WHEREFORE, This Hon'ble Court may kindly be pleased to modify the Judgment and Decree dated 01.08.2023, passed by the Learned Prl. Senior Civil Hubballi, in O.S.No.221/2017 and dispose of the above appeal in terms of the compromise petition as extracted herein above by allowing the petition in the ends of justice and equity.

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Sd/- Sd/1) Fakkirappa S/o Adiveppa Badni 1) Chandrashekhargouda S/o Shivanagouda Pujar Sd/- Sd/2) Mohan S/o Adiveppa Badni 2) Umeshagouda S/o Shivanagouda Pujar Sd/3) Smt. Ningawwa W/o Shankaragouda Pujar Sd/- Sd/(S.G.KADADAKATTI) (M.B.Hiremath) ADVOCATE FOR APPELLANTS. ADVOCATE FOR RESP 1-2 Sd/(Sharmila M Patil) ADVOCATE FOR RESP-3 DHARWAD DATE:19.09.2025”

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The appellant Nos.1 and 2 and the respondent Nos.1

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to 3 are present in the Court and are identified by their respective counsels. The parties have agreed that they have amicably resolved the dispute amongst them in terms of the compromise petition that has been duly signed by them along with their respective counsels.

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A sketch has also been annexed along with the

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compromise petition, which shall be treated as part and parcel of the compromise between the parties.

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We are satisfied that the compromise agreed to

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between the parties is out of their free will and volition and the same is in accordance with law.

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In view of the aforementioned, the above appeal is disposed of in terms of the compromise.

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The impugned judgment and decree dated dated 01.08.2023 in O.S.No.221/2017 passed by the Principal Senior Civil Judge, Hubballi shall stand modified in terms of the compromise.

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