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
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.
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.
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.
A compromise between parties, if accepted by the court, is binding and results in the cessation of claims while outlining property rights and financial settlements.
The court endorsed that compromises among parties are valid if conducted lawfully, supporting conflict resolution without legal impediments.
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