Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S. KINAGI, J.
Sri. Chikkamuniswamappa, S/o. Late K. Muniyappa and Ors. – Petitioners
Versus
Sri. C. Manjunatha, S/o. Late Chikkabeerappa and Ors. - Respondents
Regular Second Appeal No. 404 of 2019 (PAR) C/W Regular Second Appeal No. 496 of 2019
Decided On : 24-06-2025
| 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 Doddabeerappa. Defendant no.7 is related as grandson of brother of the Propositus - late Muniyappa, Defendant no. 8 and 9 are the purchasers from 2nd Defendant. 9th Defendant is the purchaser who has purchased item no.22 i.e. survey no.93/4 measuring 3 acres 31 guntas from the 2nd Defendant through a registered sale deed on 23- 02- 2006.
2. The list of properties allotted to the share of late Doddabeerappa, late Chikkabeerappa, Sri. Muniyappa and Sri.Chikkamuniswamappa are as under which is marked as Exhibit D6 in the suit OS 212/2008.
Schedule-A-belonging to Late. Doddabeerappa
| Sl | Sy.no. | Extant | Village |
| 1 | 96/1 | 111/2guntas | Pakarahalli |
| 96/2 | |||
| 2 | 101/2 | 20guntas | Pakarahalli |
| 102/2 | 21guntas | ||
| 3 | 319/2 | 101/2guntas | Hudukula |
| 4 | 112 | 6guntas | Pakarahalli |
| 5 | 103&104 | 61/2guntas | Pakarahalli |
| 6 | 57 | 16guntas | Pakarahalli |
| 7 | 1 | 1Acre20 guntas | Pakarahalli |
| 8 | 11 | 13guntas | Pakarahalli |
| 9 | 79 | 211/2guntas | Kooteri |
| 10 | 67/1 | 18guntas | Kooteri |
| 11 | 1 | 1Acre20 guntas | Kooteri |
| 12 | 118/3 | 11/2guntas | Pakarahalli |
| 13 | 40 | 27guntas | Kooteri |
| 41 | |||
| 14 | House | 27ft by 50ft | Pakarahalli |
Schedule B –belonging to Late. Chikkabeerappa
| Sl | Sy.no. | Extant | Village |
| 1 | 96/1 | 111/2guntas | Pakarahalli |
| 96/2 | |||
| 2 | 314/1 | 36guntas | Pakarahalli |
| 318/5 | 38guntas | ||
| 3 | 112 | 6guntas | Pakarahalli |
| 4 | 103& 104 | 61/2guntas | Pakarahalli |
| 5 | 120/1 | 12guntas | Pakarahalli |
| 120/2 | 6guntas | Pakarahalli | |
| 6 | 1 | 1Acre | Pakarahalli |
| 7 | 71 | 33guntas | Kooteri |
| 8 | 40 | 27guntas | Kooteri |
| 41 | |||
| 9 | 118/3 | 11/4guntas | Pakarahalli |
| 10 | House | 25ft by 51feet | Pakarahalli |
Schedule C-belonging to Muniyappa
| Sl | Sy.no. | Extant | Village |
| 1 | 105/1 | 1Acre20guntas | Pakarahalli |
| 105/2 | |||
| 2 | 112 | 6guntas | Pakarahalli |
| 3 | 1 | 1acre | Pakarahalli |
| 4 | 74/1 | 14guntas | Pakarahalli |
| 5 | 103& 104 | 61/2guntas | Pakarahalli |
| 6 | 118/3 | 11/4guntas | Pakarahalli |
| 7 | 96/1 | 111/2guntas | Pakarahalli |
| 96/2 | |||
| 8 | 40 | 27guntas | Kooteri |
| 41 | |||
| 9 | 53 | 91/2guntas | Kooteri |
| 10 | 17/1 | 10 1/2guntas | Pakarahalli |
| 11 | House | 16.5ftby41.5ft | Pakarahalli |
Scgedule D – belonging to Chikkamuniswamappa
| Sl | Sy.no. | Extant | Village |
| 1 | 119 | 271/2guntas | Pakarahalli |
| 2 | 106&107 | 211/2guntas | Pakarahalli |
| 3 | 112 | 6guntas | Pakarahalli |
| 4 | 1 | 1acre | Pakarahalli |
| 5 | 96/1 | 111/2guntas | Pakarahalli |
| 96/2 | |||
| 6 | 313/3 | 2Acres24guntas | Hudukula |
| 7 | 118/1 | 71/2guntas | Pakarahalli |
| 8 | 65/4 | 22guntas | Pakarahalli |
| 9 | 311 | 25guntas | Hudukula |
| 10 | 76/2 | 51/4guntas | Pakarahalli |
| 11 | 83/2 | 3guntas | Pakarahalli |
| 12 | 75/4 | 153/4guntas | Kooteri |
| 13 | 52/2 | 1Acre5guntas | Kooteri |
| 14 | 93/4 | 3Acres31guntas | Pakarahalli |
| 15 | GPKhata no.85/2 | 60ftby45ft | Pakarahalli |
3. It is agreed between the parties that a partition took place on 12-04-2004 between the children of late Muniyappa who is the propositus under which ‘A’ schedule properties were allotted to late Doddabeerappa, ‘B’ schedule properties were allotted to Chikkabeerappa, ‘C’ schedule properties were allotted to Muniyappa and ‘D’ schedule properties were allotted to Chikkamuniswamappa and all the parties admit the factum of the said partition and further agree that they are binding on the same.
4. The Appellants and Respondents have agreed recently to allot the properties mentioned to this petition in the following manner and the parties are referred to as per the rank
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
