IN THE HIGH COURT OF , DHARWAD BENCH

DATED THIS THE 24 TH DAY OF JULY 2015

BEFORE

THE HON’BLE MRS. JUSTICE S.SUJATHA

RSA No.827/2007 BETWEEN:

1. SMT CHINNAVVA BHIMAPPA DEMAPPA PUJAR @ SUNAGAR W/O LATE BHIMAPPA DEMAPPA PUJAR @ SUNAGAR AGED ABOUT 55 YEARS R/AT M.K HUBLI, BAILHONGAL DISTRICT-590001.

2. SRI MADAPPA BHIMAPPA DEMAPPA PUJAR @ SUNAGAR S/O LATE BHIMAPPA DEMAPPA PUJAR @ SUNAGAR AGED ABOUT 35 YEARS R/AT M.K HUBLI BAILHONGAL BELGAUM DISTRICT-590001.

3. SMT ANNAPURNA D/O LATE BHIMAPPA DEMAPPA PUJAR @ SUNAGAR AGED ABOUT 30 YEARS R/AT M.K HUBLI BAILHONGAL BELGAUM DIST-590001.

4. SRI HONNAPPA BHIMAPPA PUJAR @ SUNAGAR S/O LATE BHIMAPPA DEMAPPA PUJAR @ SUNAGAR AGED ABOUT 26 YEARS R/AT M.K HUBLI, BAILHONGAL DIST BELGAUM-590001.

5. SRI SURESH BHIMAPPA PUJAR @ SUNAGAR S/O LATE BHIMAPPA DEMAPPA PUJAR @ SUNAGAR AGED ABOUT 22 YEARS, R/AT M.K HUBLI, BAILHONGAL DIST BELGAUM-590001. 2

6. SRI KALLAPPA BHIMAPPA PUJAR @ SUNAGAR S/O LATE BHIMAPPA DEMAPPA PUJAR @ SUNAGAR, AGED ABOUT 18 YEARS R/AT M.K HUBLI, BAILHONGAL DIST BELGAUM-590001.

.. APPELLANTS (BY SRI.MAHANTESH C.KOTTURSHETTAR, ADV.)

AND:

1. SMT SAVAVVA W/O DEMAPPA PUJAR @ SUNAGAR AGED ABOUT 80 YEARS OCC: HOUSEHOLD WORK R/O PATTIHAL K.B. TAL BAILHONGAL (DIED)

2. SMT KASHAVVA W/O SHIVAPPA BARKI @ HADAGALI AGED ABOUT 55 YEARS, OCC: HOUSEHOLD WORK R/O TAL BELGAUM DIST-590001.

3. SMT NEELAVVA W/O CHANNAPPA AGED ABOUT 65 YEARS, OCC: HOUSEHOLD WORK R/O PATTIHAL K.B. TAL BAILHONGAL BELGAUM DIST-590001.

4. SRI DEMAPPA NINGAPPA PUJAR @ SUNAGAR AGED ABOUT 50 YEARS, R/O PATTIHAL K.B. TAL BAILHONGAL, BELGAUM DIST-590001.

5. SRI MALLAPPA NINGAPPA PUJAR @ SUNAGAR AGED ABOUT 40 YEARS, R/O PATTIHAL K.B. TAL BAILHONGAL, BELGAUM DIST-590001.

6. SRI GANGAPPA NINGAPPA PUJAR @ SUNAGAR 3

AGED ABOUT 55 YEARS, R/O PATTIHAL K.B. TAL BAILHONGAL, BELGAUM DIST-590001.

7. SRI YAMANAPPA NINGAPPA PUJAR @ SUNAGAR AGED ABOUT 40 YEARS, R/O PATTIHAL K.B. TAL BAILHONGAL, BELGAUM DIST-590001.

8. SRI DYAMAPPA NINGAPPA PUJAR @ SUNAGAR AGED ABOUT 33 YEARS, R/O PATTIHAL K.B. TAL BAILHONGAL, BELGAUM DIST-590001.

9. SMT MALLAVVA W/O MALLAPPA INCHAL, OCC: HOUSEHOLD AGED ABOUT 42 YEARS, R/O PATTIHAL K.B. TAL BAILHONGAL, BELGAUM DIST-590001.

10. SMT NINGAVVA W/O GANGAPPA AGED ABOUT 45 YEARS, R/O PATTIHAL K.B. TAL BAILHONGAL, BELGAUM DIST-590001.

11. SRI ISHWAR BASAVANNEPPA PUJAR ABED ABOUT 45 YEARS, OCC: SERVICE R/O BAILHONGAL, BELGAUM DIST-590001.

…RESPONDENTS (BY SRI.S.S.YADRAMI ADV. FOR R2 AND R3, SRI.RAMESH B.CHIGARI, ADV. FOR R11, R2 AND R3 ARE LRS OF R1, NOTICE TO R4, R5, R8 HELD SUFFICIENT, NOTICE TO R9 & R10 SERVED, R6 & R7 ABATES)

THIS APPEAL IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 16.12.2006 PASSED IN R.A.NO.18/2004 ON THE FILE OF THE CIVIL JUDGE (SR.DN.) AND ASST. SESSIONS JUDGE, BAILHONGAL, DISMISSING THE APEAL AND CONFIRMING THE JUDGMETNA AND DECREE DATED 20.02.2004 PASSED IN O.S.NO.111/2000 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC, BAILHONGAL. 4

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The appellants and respondents Nos.2, 3 and 11 have filed the compromise petition under Order 23 Rule 3 of CPC, to accept the compromise in terms of the compromise petition.

2. The parties are present before the Court who have affixed their signatures or thumb impression to the compromise petition, identified by their respective learned counsels. The terms of the compromise are read over to them in the language known to them and they have accepted the same.

3. In view of the same, the said compromise petition is taken on record and this appeal stands disposed of, modifying the judgment and decree of the Courts below in terms of the compromise petition filed by the parties. 5

4. Office is directed to draw the decree in terms of the said compromise petition, which is part and parcel of this judgment.

Sd/- JUDGE

MBS/-