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.

JUDGMENT :

ASHOK S. KINAGI, J.

1. The appellants and respondents are present before the court. They are identified by their respective counsels.

2. The appellants and respondents filed a compromise petition, which reads as under:

“MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 CPC

The parties begs to submit as under:

1. One Boose Kalegowda had 2 wives namely Smt. Doddamma and Smt. Kalamma. Through Doddamma, Boose Kalegowda had 4 children namely Channappa, Nanjappa, Akkamma and Ammayamma. Through Kalamma said Boose Kalegowda had 3 sons namely Rangegowda, Nanjappa and Kalegowda. The legal representatives of Channappa S/O of Boose kalegowda & Doddamma are the appellants in RSA.No.1722/2017 and 1723/2017.

2. Second son of Boose Kalegowda & Doddamma namely Nanjappa is no more. His widow Smt. Singamma is the appellant in RSA.No.1245/2021.

3. Akkamma, the daughter of Boose Kalegowda & Doddamma is no more and she died issueless.

4. Ammayamma, the daughter of Boose Kalegowda & Doddamma is no more. She had a son by name Manjegowda. Manjegowda is no more. Wife of Manjegowda namely Nagamma and son of Manjegowda namely Nagaraju C.M are the appellants in RSA.No.358/2022.

5. The first son of Boose Kalegowda and Kalamma by name Rangegowda is no more. His legal representatives have been arrayed as party respondents in the above appeals. Nanjappa is no more he died without issues. Kalegowda son of Boose Kalegowda & Kalamma is the appellant in RSA.No.663/2018.

6. The suit in OS.No.2/2006 had been filed by Rangegowda son of Boose Kalegowda & Kalamma, Nanjappa and the daughters of Rangegowda namely Smt Savithramma and Smt Bharathi on the file of the learned Senior Civil Judge at Channarayapatna. Suit in OS.No.17/2006 have been filed by Kalegowda alias Puttappa, son of Boose Kalegowda & Kalamma. The said suits were clubbed and vide judgment and decree dated 22.04.2016, both the suits were dismissed.

7. Against the said judgment and decree, Savithramma daughter of Rangegowda filed an appeal in RA.108/2016 and Kalegowda alias Puttappa son of Boose Kalegowda & Kalamma filed an appeal in RA.116/2016. The first appellate court allowed both the appeals and granted share to the parties. It is the said judgment and decree that is subject matter of challenge in the above appeals.

8. The above suit had been filed seeking partition and separate possession concerning two items of the properties. Item no.1 is an agricultural property bearing Sy.No.41/1A measuring 2 acre 12 guntas. Item No.2 is a house property bearing khatha No.2660.

9. During the pendency of the above appeal, with the intervention of the elder and well-wishers, the parties to the proceedings have amicably resolved to settle the matter. The terms of the settlement is as under:

A. The legal representatives of Channappa who are the appellants in RSA.No.1722/2017 and 1723/2017 have executed a registered sale deed dated 11.11.2020 in favor of Sri. B. N Keshavmurthy who has been arrayed as Respondent No.12 in RSA.No.1722/2017, thereby selling Item No.1 of the suit properties bearing Sy.No 41/1A measuring 2 acres 12 Guntas. As such, the legal representatives of Channappa who are the appellants in the said appeals have no subsisting right, title and interest over the said property and they give up all their claims and contentions concerning the said agricultural property.

B. The appellants in RSA.No.358/2022 have executed a registered release deed in favor of Sarojamma wife of Channappa releasing all their rights over the suit properties under a registered release deed dated 09.07.2019. As such, they have no subsisting right, title and interest over the suit properties and they give up all their claims and contentions concerning the suit properties. As such, they seek dismissal of the appeal in RSA No.35