Cyriac Joseph, C.J. (Oral):

This appeal is filed against the judgment dated 27-7-2005 in Writ Petition No. 34992 of 2003. The appellant is the second respondent in the writ petition. The first respondent herein is the petitioner in the writ petition.

2. The dispute relates to the claim for compensation in respect of 1 acre 33 guntas of land in Sy. No. 67/4 of Ballur Village, Davanagere Taluk. The said land was acquired under the provisions of the Land Acquisition Act, 1894 and award was passed on 18-12-2002 awarding the compensation amount of Rs. 1,19,846/- in favour of the writ petitioner as the land stood in the name of the writ petitioner. When award notice under Section 12(2) of the Land Acquisition Act was sent to the writ petitioner, the appellant, who is a sister-in-law of the writ petitioner, filed an objection claiming half share in the award amount. The claim was based on a compromise decree passed in O.S. No. 1067 of 1989 in the Court of Munsiff at Davanagere. Admittedly, the suit was filed by the husband of the appellant and the first defendant in the suit was the writ petitioner. the suit was for partition and was in respect of plaint 'A: and 'B' schedule prop