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Judgment
ORAL ORDER
Both the parties i.e., petitioners herein and respondent Nos.2, 3, 4 and 5 filed compromise petition under Order XXIII Rule 3 of CPC.
Sri. Harsh Desai, learned counsel appearing for respondent Nos.2 to 4, submits that the Land Tribunal has passed the order rejecting the Form No.7 filed by the predecessor of the petitioners stating that the predecessor of the petitioners was not entitled for grant of occupancy rights and further recorded that it is the landlord/owner of the land, are under self-cultivation.
In that view of the matter, the land has never been vested with the Government. As such, there is no interest created in the State and the compromise entered is lawful. His contention is taken on record. The same submission is stated in paragraph Nos.2 and 8. In that view of the matter, this Court is of the opinion that the compromise entered between the parties is legal and valid. The respondents/landowners, out of their free will and volition are ready to part with the land measuring 4 acres 21 guntas stated in Schedule- B in favour of the petitioners herein to put a quietus to long drawn legal battle.
Hence, the compromise petition is taken on record and this order is passed recording the same.
The compromise petition reads as under:
“COMPROMISE PETITION UNDER O 23 R 3 OF CPC Petitioners and Respondents submit as under:
1)Respondents - 2 to 4 herein were the owners of land bearing RS No.45 measuring 10 acres 21 guntas situated Janagundikoppa Village, Hangal Taluk, Haveri District.
2)Imamasab Rajesab Koti, the predecessor-in-interest of the Petitioners, submitted Form No. 7 dated 19-08-1974 seeking grant of occupancy rights in respect of the said land bearing RS No. 45 measuring 10 acres 21 guntas. Subsequently, upon consideration, the Land Tribunal, Hangal by order dated 10-11-1981 (Annexure - F) rightly rejected the claim for grant of occupancy rights in respect of the said land holding that the said land in under 'self-cultivation' of the owners i. e. Respondents -2 to 4 herein. Though the said Imamsab Rajesab Koti approached this Hon'ble Court, he did not actively pursue the matter.
3)In the meantime, Respondents 2 to 4 under registered sale-deed dated 23-12-2024 sold the entire extent of land bearing RS No. 45 measuring 10 acres 21 guntas to Respondent - 5 herein.
4)Only thereafter, it appears that the Petitioners herein who are the legal representatives of the said Imamsab Rajesab Koti moved the Land Tribunal, Hangal seeking to agitate their alleged rights. Pursuant thereto, by order dated 13-03-2026, the Land Tribunal, Hangal rejected the such request and held that its earlier order dated 10-11-1981 requires no modification. Questioning the same, Petitioners have preferred the present Writ Petition.
5)After hearing, this Hon'ble Court advised the contesting parties to explore the possibility of settlement. On the guidance of well-wishers and upon the assistance of their respective Counsel, Petitioner and Respondents have deliberated upon the dispute and, with a view to bring the long-standing litigation to an end and to secure quietus to the proceedings arising in respect of the land in question, have amicably arrived at the present settlement. The parties, being fully conscious of the nature and effect of the settlement, have agreed to abide by the following terms and conditions:
i)That the purchaser under sale-deed dated 23-12-2024 i. e. Respondent - 5 herein shall retain an extent of 6 acres only on the southern side out of the total extent of 10 acres 21 guntas comprised in RS No. 45 situated at Janagundikoppa Village, Hangal Taluk, Haveri District. The same is morefully described as Schedule 'A' to this Compromise Petition. Petitioners admit that Respondents 2 to 4 have validly conveyed the entire extent of land bearing RS No. 45 measuring 10 acres 21 guntas in favour of Respondent - 5.
ii) That Petitioners and Respondents 2 to 4 hereby unequivocally admit that they have no right, title, interest, claim or possession of whatsoever nature over the aforesaid extent of 6 acres and shall not hereafter raise or assert any claim in respect thereof over Schedule 'A'. Petitioners and Respondents - 2 to 4 undertake that they shall not interfere with, disturb or obstruct the possession, enjoyment of Respondent 5 herein in respect of the aforesaid extent of 6 acres and shall take all necessary steps as may be required for mutating the name of Respondent – 5 in the revenue records for giving full effect to the present settlement.
iii) That Respondent - 5 hereby relinquishes and gives up her right, title, interest, claim and possession, over the said remaining extent of 4 acres 21 guntas in favour of the Petitioners herein. The same is morefully described as Schedule 'B' to this Compromise Petition. Respondents 2 to 4 and Respondent - 5 hereby unequivocally agree that the Petitioners herein shall be entitled to enjoy the said extent as full owners, without any objection or interference. Further, Respondents 2 to 4 and Respondent 5 shall extend full cooperation to the Petitioners to get their names muted in the revenue records.
iv) The parties agree that the aforesaid arrangement shall constitute a full and final settlement of their respective claims in respect of the land bearing RS No. 45 measuring 10 acres 21 guntas. Petitioners, Respondents - 2 to 4 and Respondent 5 have no other claim whatsoever against each other. The existing 12 feet width cartway (road) that passes from North to South on the eastern side of the entire extend of land shall be duly respected both by the Petitioners and Respondent 5, and both the parties shall use the same for the purpose of ingress and egress to their respective lands i. e. Schedule 'A' & Schedule 'B' without any interference.
v)That pursuant to the present settlement, the revenue and other property records in respect of RS No. 45 shall be mutated and suitably altered so as to reflect the respective entitlements of the parties, l.e., name of Respondent - 5 in respect of the extent of 6 acres as described in Schedule 'A', and names of Petitioners in respect of remaining extent of 4 acres 21 guntas, as described in Schedule 'B'. The parties shall extend full cooperation with each other and shall execute such applications or other documents as may be necessary.
vi) Respondents 2 to 4 hereby unconditionally agree to withdraw the complaint bearing No. 198/2026 dated 28-07-2026 lodged before the Additional Superintendent of Police, Haveri and shall not pursue, prosecute or otherwise proceed with the said complaint or any proceedings arising therefrom against the Petitioners in relation to the subject matter of the present dispute.
6)The parties agree that, insofar as the transfer of the extent of 4 acres 21 guntas in favour of Petitioners under Schedule 'B' is concerned, the same shall be given effect to by a duly registered instrument of conveyance by Respondent 5 in favour of the Petitioners, in accordance with law. The parties shall take all necessary steps for execution and registration of the said instrument and shall extend full cooperation in completing the same. The stamp duty, registration charges and other incidental expenses, shall be borne by Petitioners.
7)Respondent 2 i.e., Pandurang Laxman Bhat has executed a registered Power of Attorney dated 21-09-2026 in favour of Respondent 4 i.e., Shrikant S/o. Pandurangrao Bhat, authorizing him to sign and execute the present Compromise Petition. Further, Respondent -3(a) i.e., Shilpa Shripadrao Bhat & Respondent 3(c) I.e., Mithun, S/o. Shripadrao Bhat have executed a registered Power of Attorney dated 21-09-2026 in favour of Respondent 3(b) i.e., Mayur, S/o. Shripadrao Bhat, authorizing him to sign and execute the present Compromise Petition.
8)The present compromise is confined to the settlement of the inter se claims between the Petitioners and Respondents in respect of the land bearing RS No. 45 and does not involve or affect any right, title, interest or claim of the State Government or any public authority. The terms of present settlement are not opposed to any public policy, are not prejudicial to any statutory or public interest and do not adversely affect the State or any public authority in any manner whatsoever.
9)Wherefore it is most humbly prayed that this Hon'ble Court may be pleased to accept the compromise, and dispose of this Writ Petition as having been settled between the parties in the terms mentioned above, in the interest of justice.
SCHEDULE 'A'
Land belonging to Respondent - 5 herein The southern portion of land measuring 6 acres out of 10 acres 21 guntas in RS No. 45 situated at Janagundikoppa Village, Hangal Taluk, Haveri District including 12 feet width cartway (road) on the eastern side, bounded as under; East by : Cartway (road) and Land in Sy. No. 38 West by : Land in Sy. No. 46 & 47 North by : Remaining portion in RS No. 45 South by : Land in Sy. No. 38
SCHEDULE 'B'
Land belonging to Petitioners 1 to 10 herein
The remaining portion of land on the northern side measuring 4 acres 21 guntas in RS No. 45 situated at Janagundikoppa Village, Hangal Taluk, Haveri District including 12 feet width cartway (road) on the eastern side, bounded as under; East by : Cartway (road) and Land in Sy. No. 38 West by : Land in Sy. No. 46 & 47 North by : Land in Sy. No. 43 South by : Remaining portion in RS No. 45
The parties have read to the terms of settlement and upon fully understanding the same have subscribed their respective signatures on this Compromise Petition. Their photographs and Aadhaar Cards are attached herewith for proof of identification
DHARWAD
Date: 25 September' 2026”
All the parties are present except petitioner No.8, since he is not in a position to travel, but appeared through video conference. The same is taken note of.
In view of the compromise petition, the petition is disposed of. The compromise petition filed by the parties shall form part of this order.
The parties are at liberty to approach the competent revenue authorities for the purpose of entering their names in the revenue records in terms of the compromise petition, which is recorded under this order.