Smt. Laxmi W/O Late Basavaraj Hugar (Pujar) Vs Smt. Ratnamma — Karnataka HC (2025) — LawSathi Research

Smt. Laxmi W/O Late Basavaraj Hugar (Pujar) Vs Smt. Ratnamma — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the compromise petition under Order XXIII Rule 3 CPC; the impugned judgments of the First Appellate Court (R.A.No.36/2016) and the Trial Court (O.S.No.55/2013) set aside; Registry directed to draw the decree as per the compromise petition, which forms part of the decree; pending interlocutory applications disposed of as not surviving for consideration.

Issue for consideration

Whether the judgment and decree dated 29.01.2018 in R.A.No.36/2016 passed by the Senior Civil Judge and JMFC, Gangavathi should be set aside and the trial court's judgment and decree dated 12.07.2016 in O.S.No.55/2013 upheld by allowing the appeal and decreeing the suit of the appellants. +1 more

Court's answer

The impugned judgment of the First Appellate Court and the Trial Court is set aside consequent upon acceptance of the compromise; the merits of the second appeal were not adjudicated.

Ratio / Principle

On questioning, all the parties present before the Court stated that they had read over the compromise petition fully, acknowledged its contents, and reiterated that they had amicably settled the matter; they were duly identified by their respective counsel.

Key takeaways

The compromise petition under Order XXIII Rule 3 of CPC was accepted, and the appeal stands disposed of in terms of the compromise petition filed by the parties, who admit its contents.ratio¶65
The Registry was directed to draw the decree as per the compromise petition, and the compromise petition shall form part of the decree.ratio¶70-72

Detailed headnote1 paragraphs

Regular Second Appeal No. 100678 of 2018, High Court of Karnataka (Dharwad Bench), decided on 17.12.2025 by Justice C M Joshi. The appellants were plaintiffs Nos.1 to 3 in O.S.No.55/2013, a suit for partition before the Principal Civil Judge and JMFC, Gangavathi, which was decreed partly in respect of some suit schedule properties on 12.07.2016. Aggrieved by the judgment and decree dated 29.01.2018 in R.A.No.36/2016 of the Senior Civil Judge and JMFC, Gangavathi, they filed this Regular Second Appeal under Section 100 CPC praying to set aside the first appellate court's judgment and to uphold the trial court's decree. Before decision, learned counsel for both sides reported that the parties had settled the dispute amicably and filed a compromise petition under Order XXIII Rule 3 of CPC, accompanied by a rough sketch showing portions of Survey No.150 of Alabanoor village, Sindhanoor Taluk. The parties present were identified by their respective counsel and, on questioning, all of them acknowledged having read the compromise petition and reiterated the amicable settlement. The Court accepted the compromise, disposed of the appeal in terms of the compromise petition, set aside the judgments of the First Appellate Court and the Trial Court, and directed the Registry to draw the decree as per the compromise petition, making it part of the decree; pending interlocutory applications were disposed of as not surviving.

1 -

NC: 2025:KHC-D:18373 RSA No. 100678 of 2018

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE C M JOSHI

REGULAR SECOND APPEAL NO.100678 OF 2018

BETWEEN:

SMT. LAXMI W/O. LATE BASAVARAJ HUGAR (PUJAR), AGE: 40 YEARS, OCC. AGRICULTURIST AND ANGANAWADI HELPER, R/O. ALABANOOR VILLAGE, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT MARLANAHALLI, TALUK: GANGAVATHI, DIST. KOPPAL.

Digitally
signed by
YASHAVANT
YASHAVANT NARAYANKAR
NARAYANKAR Date:
2025.12.19
11:08:55
+0530

KUMAR SANTHOSH S/O. LATE BASAVARAJ HUGAR (PUJAR), AGE: 21 YEARS, R/O. ALABANOOR VILLAGE, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT MARLANAHALLI, TALUK: GANGAVATHI, DIST. KOPPAL.

KUMARI PANKAJA D/O. LATE BASAVARAJ HUGAR (PUJAR), AGE: 19 YEARS, R/O. ALABANOOR VILLAGE, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT MARLANAHALLI, TALUK: GANGAVATHI, DIST. KOPPAL.

…APPELLANTS

(BY SRI. SATISH M.S., ADVOCATE)

AND:

SMT. RATNAMMA W/O. LATE RUDRAPPA HUGAR (PUJAR),

2 -

NC: 2025:KHC-D:18373 RSA No. 100678 of 2018

HC-KAR

SINCE DEAD BY HER LRS ARE ALREADY ON RECORD I.E. R2 TO R4

CHANNABASAPPA

S/O. LATE RUDRAPPA HUGAR (PUJAR), AGE: 60 YEARS, OCC. AGRICULTURE, R/O ALABANOOR, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT BEHIND THE HOUSE OF M. MALLIKARJUNA EX-MINISTER, NEAR NEELAKANTESHWARA TEMPLE, GANGAVATHI, DIST. KOPPAL.

SHARANAPPA

S/O. LATE RUDRAPPA HUGAR (PUJAR)

SINCE DECEASED BY HIS LRS.

3A. SMT. ERAMMA

W/O. LATE SHARANAPPA, AGED ABOUT 73 YEARS, OCC. HOUSEHOLD, R/O. ALABANOOR VILLAGE AND POST, SINDHANOOR TALUK, RAICHUR DISTRICT-584128.

3B. SRI. SHARANABASAVA S/O. LATE SHARANAPPA, AGED ABOUT 35 YEARS, OCC. HOUSEHOLD, R/O. ALABANOOR VILLAGE AND POST, SINDHANOOR TALUK, RAICHUR DISTRICT-584128.

3C. SMT. VANI

D/O. LATE SHARANAPPA, AGED ABOUT 30 YEARS, OCC. HOUSEHOLD, R/O. ALABANOOR VILLAGE AND POST, SINDHANOOR TALUK, RAICHUR DISTRICT-584128.

3D. SMT. JYOTHI D/O. LATE SHARANAPPA, AGED ABOUT 26 YEARS, OCC. HOUSEHOLD, R/O. ALABANOOR VILLAGE AND POST, SINDHANOOR TALUK, RAICHUR DISTRICT-584128.

SMT. BASAMMA W/O. SHANKRAPPA HUGAR (PUJAR), AGE: 47 YEARS,

3 - NC: 2025:KHC-D:18373 RSA No. 100678 of 2018

HC-KAR

OCC. AGRICULTURE AND HOTEL BUSINESS, R/O. ALBANOOR, TALUK: SINDHANOOR, NOW RESIDING AT GUNNAL VILLAGE BY THE SIDE OF NATIONAL HIGH WAY NO.13, TALUK: YELBURGA, DISTRICT: KOPPAL.

SMT. HEMAVATHI W/O. LATE CHANDRASHEKHAR HUGAR (PUJAR), AGE: 37 YEARS, OCC. HOUSEHOLD, R/O. ALBANOOR, TALUK: SINDHANOOR, RAICHUR DISTRICT, NOW RESIDING AT MARLANAHALLI, TALUK: GANGAVATHI, DISTRICT: KOPPAL.

SINCE MISSING FROM 01.01.2016 REPRESENTED BY HER LRS RESPONDENT NO.6 AND 7.

KUMARI NANDINI D/O. LATE CHANDRASHEKHAR HUGAR (PUJAR), W/O. MAHANTESH HUGAR, AGE: 20 YEARS, OCC. HOUSEHOLD, R/O. AMINGHAD VILLAGE, TALUK: HUNGUND, DISTRICT: BAGALKOTE.

KUMAR MANJUNATH S/O. LATE CHANDRASHEKHAR HUGAR (PUJAR), AGE: 18 YEARS, OCC. COOLIE, R/O. WARD NO.20, BEHIND THE HOUSE OF M. MALLIKARJUNA, EX-MINISTER, NEAR NEELAKANTESHWARA TEMPLE, GANGAVATHI.

SMT. BASAMMA W/O. LATE BASAPPA HUGAR (PUJAR), AGE: 82 YEARS, OCC. AGRICULTURE, R/O. ALBANOOR, TALUK: SINDHANOOR, DISTRICT: RAICHUR.

BASAPPA S/O. LATE BASAPPA HUGAR (PUJAR), AGE: 57 YEARS, OCC. AGRICULTURE, R/O. ALBANOOR, TALUK: SINDHANOOR, DISTRICT: RAICHUR.

4 -

NC: 2025:KHC-D:18373 RSA No. 100678 of 2018

HC-KAR

BASAVARAJ S/O. LATE BASAPPA HUGAR (PUJAR), AGE: 52 YEARS, OCC. AGRICULTURE, R/O. ALBANOOR, TALUK: SINDHANOOR, DISTRICT: RAICHUR.

AMARESH S/O. LATE BASAPPA HUGAR (PUJAR), AGE: 45 YEARS, OCC. AGRICULTURE, R/O. ALBANOOR, TALUK: SINDHANOOR, DISTRICT: RAICHUR.

…RESPONDENTS

(BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE FOR R8 TO R11; SRI. L.M. KURAHATTI, ADVOCATE FOR R2, R4, R6, R7 AND R3(A) TO R3(D); R2 TO R4 ARE LRS OF R1 (V/O DATED 12.07.2022) R5-DISPENSED WITH (V/O DATED 17.12.2025)

THIS RSA IS FILED UNDER SECTION 100 OF CPC, PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.55/2013 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI AND IN R.A.NO.36/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GANGAVATHI AND TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE IN R.A.NO.36/2016 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, GANGAVATHI DATED 29.01.2018 AND THEREBY UP HELD THE JUDGMENT AND DECREE PASSED BY THE TRIAL COURT IN O.S.NO.55/2013 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI DATED 12.07.2016 BY ALLOWING THIS APPEAL WHILE DECREEING THE SUIT OF THE APPELLLANT AND ETC.

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

5 - NC: 2025:KHC-D:18373 RSA No. 100678 of 2018

HC-KAR

ORAL JUDGMENT

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

Learned counsel appearing for the applicants and respondents submit that the parties have entered into a compromise amicably and as such, they have filed compromise petition under Order XXIII Rule 3 of CPC.

The appellants herein are the plaintiffs No.1 to 3 and they had filed a suit for partition. Their suit came to be decreed partly in respect of some of the suit schedule properties. Assailing the same, they had approached this Court in this second appeal.

Now it is submitted that the parties have settled their dispute amicably and they have partitioned the properties as mentioned in the compromise petition.

The compromise petition is also accompanied with a rough hand sketch where the portions of the land have been shown. It is submitted that the sketch annexed to the compromise petition is in respect of Survey No.150 of Alabanoor village of Sindhanoor Taluk.

6 - NC: 2025:KHC-D:18373 RSA No. 100678 of 2018

HC-KAR

The appellant No.1 to 3, respondent No.2, 3A to 3D, 4 and 6 to 11 are present before the Court and they have been duly identified by their respective counsels. On questioning, all of them submit that they have read over the compromise petition fully and they acknowledge the contents of the compromise petition. They reiterate that they have amicably settled the matter and accordingly the compromise petition has been drafted and signed by them.

In view of the categorical submission by all the parties, who are present before this Court, the compromise petition is accepted. Therefore, the impugned judgment needs to be modified. Hence, the following:

ORDER

(i) The appeal is disposed of in terms of the compromise petition under Order XXIII Rule 3 of CPC filed by the parties, who admit the contents of it.

(ii) The impugned judgment of the First Appellate Court and the Trial Court is hereby set aside.

7 -

NC: 2025:KHC-D:18373 RSA No. 100678 of 2018

HC-KAR

(iii) Registry is directed to draw the decree as per

the compromise petition and the compromise

petition shall be part of the decree.

(iv) In view of disposal of the appeal, pending

interlocutory applications, if any, do not survive

for consideration and are disposed of.

SD/(C M JOSHI) JUDGE

YAN CT:PA LIST NO.: 1 SL NO.: 6