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2011 Supreme(Kar) 552

K.SREEDHAR RAO
B. V. Harinarayana Reddy – Appellant
Versus
Kumari Chukki Nanjunda Swamy – Respondent


Advocates appeared:
For the Petitioner:Sreevatsa, Sr. Counsel for K. Dhiraj Kumar, Advocate.
For the Respondent:R1 & R2 - Ananth Mandagi, Sr. Counsel for Mandagi Associates, R4 & R5 - S.D.N. Prasad & M.N. Umesh, R3 - B.V. Raghuram Reddy, Advocates.

Judgment :-

1. The petitioner is one of the plaintiffs in O.S.No.49/1992 on the file of the Family Court, Bangalore for partition against the father, who is the respondent No.3 and two others. An application under Order 7 Rule 11 C.P.C. was filed by the first defendant before the Family court that it has no jurisdiction to try a suit for partition. The Family Court over-ruled the objection. The first defendant aggrieved by the said order filed W.P.No.13839/1999. In the writ proceedings, the matter was referred to Lok Adalath for settlement. The parties arrived at a compromise and filed a compromise petition vide Annexure - ‘A’. The Lok Adalath vide Annexure- ‘B’ passed an order in the following manner:

“The parties are present and confirm that the entire pending dispute among the parties have been settled in terms of the joint memo dated 14.03.2001 and it is also given effect by registering a partition deed in terms of the joint memo in the office of the Sub-Registrar, Bagepalli.

It is also stated that the joint petition under Section 13-B of the Hindu Marriage Act, 1955 has also been filed. Parties submit that they will make joint efforts in dispose of the Bangalore property in ter

























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