A compromise decree does not extinguish the right to inherit unless explicitly stated and supported by consideration; heirs retain their succession rights despite previous settlements.

JUDGMENT

1. The plaintiffs are the appellants who have invoked Sec. 96 of the Code of Civil Procedure, 1908.

2. To appreciate the facts, it is necessary to refer to the genealogy of the parties, which is as under: Veerappa Maharudrappa Uppin (Dead)=Basamma (Dead) Sidmallappa Madiwalappa Died 3/3/1989 Died 4/6/1982 =Shakuntala =Manutai (Died 1/9/97) (Died 4/12/1996) Bharat Shashidhar Shivakumar Swarnalata Died 5/2/69 (Deft 1) Died 4/7/2000 (Deft-8) =Sarojini =Sudha =Rajeshwari (Plff-1) (Deft-2) (Deft 5) Nivedita Nikhil Shailesh Ajay Alpana (Plff-2) (Deft-3) (Deft-4) (Deft-6) (Deft-7)

3. Certain admitted facts are as under:

a) The 1st respondent of this appeal - Shashidhar, who is the son of Madiwalappa Uppin, filed a suit for partition in O.S.No.67/1970, on the file of the Principal Civil Judge (Sr.Dn.), Belagavi. The present plaintiffs/appellants were parties to the said suit. On 14/9/1971, the said suit ended in a compromise. In terms of the settlement arrived at, among the parties to the said suit, Madiwalappa Uppin was allotted the properties bearing CTS No.3536 of Belagavi and lands bearing Rs. No.4/2, 4+5, 4/7+3 of Deshnur, Tal: Bailhongal and land bearing Rs. No.138 measuring 4 acres 15 guntas in Bailhongal; wife of Madiwalappa namely, Manutai was allotted the properties bearing CTS Nos.4021/B and 4021/A, which are later renumbered as CTS no. 4021/A1, 4021/A2 of Belagavi. Manutai was also allotted CTS Nos.3602 and 3603 of Bailhongal; the present appellants/plaintiffs were allotted the properties bearing CTS Nos.3600 and 3601 of Bailhongal and CTS No.594 of Belagavi.

b) On 4/6/1982, Madiwalappa died leaving behind his wife Manutai and the sons namely, Shashidhar respondent No.1 and Shivakumar - predecessor of respondents No.5 to 8, and the plaintiffs, as his heirs. The Plaintiffs are the wife and the daughter of Bharat, the pre deceased son of Madivalappa.

c) The present appellants/plaintiffs filed a suit in 268/1984 before Civil Judge Belgaum, against M/s. M. M. Uppin, a partnership firm and the partners of the said firm. The suit ended in a compromise on 24/11/1984. In the said suit, the present appellants, who were the plaintiffs, were given certain amount as their share in the partnership firm. The compromise decree also reveals that the amount is paid to the plaintiffs to make good their claim relating alleged inadequate share given while entering settlement in O.S.No.67/1970. In the said compromise, recorded in O.S. No.268/1984, Sidmallappa Veerappa Uppin was allotted a share in the properties bearing CTS Nos.682B/1 and 682B/2 of Raviwar Peth, Belagavi and CTS No.415/B of Tilakwadi, Belagavi. He died on 3/3/1989 leaving behind his wife Shakuntala.

d) On 4/12/1996, Manutai, the wife of Madiwalappa Uppin died. Shakuntala, wife of Sidmallappa Uppin died on 1/9/1997 leaving behind the appellants and respondents No.1 to 8 and Shivakumar as her class II heirs. On 4/7/2000, Shivakumar Madiwalappa Uppin died leaving behind respondents No.5 to 7 as his legal heirs.

e) The suit in O.S.No.93/2002 is filed by the present respondent No.3 against his parents and his brother respondent No.4. The said suit was settled on 18/4/2002. Admittedly, present appellants/plaintiffs are not parties to the said suit.

f) Plaintiffs on 11/1/2007, filed a suit in O.S.No.17/2007 before the Senior Civil Judge, Belagavi, seeking declaration that the compromise decree passed in O.S.No.93/2002 is not binding on the plaintiffs, and claimed 1/4th share in the suit schedule properties on the premise that they inherited properties of Siddamallappa as well as the properties of Manutai, the wife of Madiwalappa Uppin.

g) Defendants No.1 to 3 contested the suit. They took a stand that Sidamallappa's and Manutai's properties did not devolve upon the plaintiffs, as the plaintiffs have relinquished their right over the said properties by taking their value of the share as per clause No.6 in the compromise decree passed in O.S.No.268/1984. In addition, it is cont