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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S. KINAGI
Chikkamuniswamappa, S/o. Late K. Muniyappa – Appellant
Versus
C. Manjunatha, S/o. Late Chikkabeerappa – Respondent
| Table of Content |
|---|
| 1. compromise petition acknowledges property allotment and affirms parties' agreement. (Para 1 , 2 , 4) |
| 2. court validates compromises agreed upon by family members contingent upon their legal heirs. (Para 5 , 6) |
JUDGMENT :
(ASHOK S. KINAGI, J.)
Learned counsel for the appellants filed a memo along with the amended cause title.
2. Same is taken on record.
3. Appellants and respondents No.1, 7 to 11 are present and Power of Attorney holder of respondent No.6 is also present before the Court. They are identified by their respective learned counsel. They filed a compromise petition, which reads as under:
COMPROMISE PETITION FILED UNDER ORDER XXIII
RULE III OF CPC
At the instance of elders and well wishers, both the parties have amicably settled the dispute on the following terms and conditions:
1. It is submitted that one late Muniyappa is the Propositus and had four sons viz. Doddabeerappa, Chikkabeerappa, Muniyappa and Chikkamuniswamappa. The 6th Plaintiff is the wife of late Chikkabeerappa and the Plaintiffs 1 to 5 and 6th Defendant in OS no.212 of 2008 are his children. Defendants 1 and 2 are the children of late Muniyappa. Defendants 3 to 5 are the wife and children of late
The court validates a compromise petition concerning family property, affirming the agreement's binding nature on all parties involved, which leads to the final decree.
Court recognized a mutual settlement among parties and recorded a decree reflecting the terms agreed upon during the appeal.
When they are not shown to be in any manner perverse, illogical and irrational, resultantly, the substantial questions of law formulated are accordingly answered infavour of the plaintiff and against....
Settlement of property disputes via compromise is valid under the provisions of the Code of Civil Procedure, affirming the parties' mutual consent and withdrawal of appeals.
The court upheld the voluntary compromise between parties regarding partition claims and confirmed the modification of the decree, emphasizing the absence of coercion and mutual satisfaction with the....
The main legal point established in the judgment is the voluntary agreement of the parties through the compromise petition, which influenced the court's decision and resulted in the modification of t....
Parties may settle disputes amicably through a lawful compromise, which is accepted by the court.
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