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CDJ 2026 Kar HC 372 print Preview print Next print
Court : High Court of Karnataka (Circuit Bench At Dharwad)
Case No : Regular Second Appeal No. 100444 Of 2018 (POS)
Judges: THE HONOURABLE MRS. JUSTICE K.B. GEETHA
Parties : Channabasappa Versus Shankarappa & Others
Appearing Advocates : For the Appellant: C.N. Harlapur, Advocate. For the Respondents: R1, Rajshekhar R. Gunjalli, Advocate.
Date of Judgment : 26-03-2026
Head Note :-
Civil Procedure Code - Order XXIII Rule 3 -

Comparative Citation:
2026 KHC-D 4703,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 100 of CPC
- Order XXIII Rule 3 of CPC

2. Catch Words:
- Compromise
- Appeal
- Decree
- Vacant possession
- Rent arrears
- Refund of deposit

3. Summary:
The appellant filed an RSA under Section 100 of the CPC seeking to set aside earlier judgments. Both parties appeared before the court and executed a compromise under Order XXIII Rule 3 of the CPC, wherein the respondent paid Rs 1,00,000 to the appellant and received vacant possession of the suit property. The appellant confirmed receipt of the amount and handed over the keys. The parties also agreed that the appellant could withdraw the rent‑arrears deposit previously made before the trial court. The court examined the compromise petition, found it voluntary and lawful, and accepted it. Consequently, the appeal was disposed of in accordance with the compromise, and a decree incorporating the compromise terms was ordered. The trial court was directed to refund the arrears deposit to the appellant upon proper identification.

4. Conclusion:
Appeal Dismissed
Judgment :-

(Prayer: This RSA is filed under Section 100 of CPC praying to set aside the judgment and decree passed in Regular Appeal No.23/2013 dated 30.01.2018 by the Principal Senior Civil Judge Hubballi, at: Hubballi and to set aside the judgment and decree passed in O.S. No.77/2006 dated 23.11.2012 by the Second Additional Civil Judge and J.M.F.C. III Court, Hubballi at: Hubballi, in the ends of justice and equity.)

Oral Order

1. Learned counsels for appellant and respondent No.1 have filed compromise petition under Order XXIII Rule 3 of C.P.C.

2. Both the appellant and respondent No.1 present before the Court and they are identified by the respective learned counsels.

3. Today respondent No.1 has paid ₹.1,00,000/- to the appellant and appellant reports receipt of ₹.1,00,000/- from the respondent No.1 and respondent No.1 acknowledges the receipt of key of suit schedule property from appellant.

4. The relevant terms and conditions of the compromise petition are as follows:

          "It is submitted that during the pendency of the above appeal on the advice of elderly persons and well- wishers of the both parties the appellant and respondent No.1 are agreed and settled the dispute between them and compromised the dispute in terms of following conditions:

          a) The Appellant agreed to vacate the suit schedule property in dispute by receiving Rs.1,00,000/- and hand over the vacant possession.

          b) Accordingly, the respondent No.1 has paid Rs.1,00,000=00 today and the appellant has acknowledges the receipt of the same and handed over the key of vacant suit property to the respondent No.1 today.

          c) The Appellant has deposited the arrears of rent amount in respect of the suit schedule property in question before the trail court in H.R.C. No. 12/2000 and in Ex. Case No. 32/2013 or before this Hon'ble court. The respondent No. 1 has no objection for withdrawal of the entire amount deposited in the above cases in favour of Appellant i.e. Channabasappa S/O Basavanneppa Konnur.

          d) The Respondent 2 to 4 have suffered the decree passed in O.S. No 77/2006 and they have not challenged the said judgment and decree. The appellant only challenged the said judgment and decree in R.A. No 23/2013 and same is came to be dismissed, After dismissal, the appellant filed the present second appeal. Hence respondent No 2 to 4 are formal parties. Hence, they have not parties to the compromise petition."

5. On enquiry and perusal of compromise petition and appeal memo papers, it is found that the compromise entered between the parties is voluntary and lawful one. Hence, compromise petition is accepted. Appeal is disposed of in terms of compromise petition.

6. Draw decree accordingly.

7. The compromise petition shall be part and parcel of the decree.

8. The appellant has deposited arrears of rent before the trial Court and respondent has no objection to withdraw said amount by the appellant.

9. Hence, trial Court is permitted to refund the deposit of arrears of rent amount to the appellant on proper identification.
 
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