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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.T.Narendra Prasad
Vijaya B, W/o Jagathi – Appellant
Versus
Rathnamma, W/o Late Jagadeesh – Respondent
JUDGMENT :
H.T. Narendra Prasad, J.
This appeal is filed by the plaintiffs challenging the preliminary decree passed by IV Additional City Civil and Sessions Judge, Bengaluru in OS No.15058/2005, dated 03.04.2012, whereby suit has been partly decreed.
2. The plaintiffs filed a suit partition in O.S.No.15058/2005. The suit came to be partly decreed, by judgment and decree dated 03.04.2012. Being aggrieved by the same, the plaintiffs filed this regular first appeal before this Court.
3. After service of notice to the respondents, the respondents appeared through counsel. The parties have settled the matter and they have filed the compromise petition under Order XXIII Rule 3 r/w. Section 151 of CPC.
4. The parties are present before the Court and they have been identified by their respective counsel. The parties have agreed for the compromise without any volition or duress from anybody. The compromise petition is taken on record. The same is extracted below:
“The appellants and respondents submit as under:-
1. The above appeal is filed by the plaintiffs challenging the judgment and decree passed in O.S.No.15058/2005 passed by the Court of IV Additional City Civil and Sessions Judge at Beng
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....
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 confirmed that a compromise in a partition case is valid if voluntarily entered without coercion, facilitating expedient resolution through final decree proceedings.
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.
Compromise decrees are binding unless legally challenged, and mere allegations of fraud do not invalidate established agreements without sufficient proof or a court ruling to the contrary.
Settlement agreements made voluntarily and without duress are enforceable, allowing for confirmation of ownership and resolving disputes amicably.
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.
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