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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Dilshad, D/o Abdul Khader – Appellant
Versus
Najamunnisa W/o Late Abdul Azeez – Respondent
JUDGMENT :
ASHOK S.KINAGI, J.
Appellant No.5(b) and power-of-attorney holder of appellant Nos.5(a) and 5(c) to 5(g) are present and respondent No.2 and power-of-attorney holder of respondent Nos.3 to 5 are present, and they are identified by their respective counsel.
2. Appellant No.5(b) filed the general power-of- attorney, which discloses that appellant Nos.5(a), 5(c) to (g) executed a power-of-attorney in favour of appellant No.5(b) to enter into compromise. Similarly, respondent No.2 produced the general power-of-attorney executed by respondent Nos.3 to 5, which discloses that they have authorized respondent No.2 to enter into compromise.
3. Pursuant to the general power-of-attorneys executed by respondent Nos.5(a) and 5(c) to (g) and respondent Nos.3 to 5, appellant No.5(a) and respondent No.2 have jointly filed a memorandum of compromise petition, which reads as follows:
“1. The Plaintiffs in O.S. No. 1/2001 filed the said suit in the Court of the Sr. Civil Judge at Sagar seeking for a decree for partition and separate possession of their shares in the assets of deceased Sabjan Sab in accordance with the last Will dated: 21-11-2000 (Exhibit D-2). In the said suit, the Plaintiffs s
The court endorsed that compromises among parties are valid if conducted lawfully, supporting conflict resolution without legal impediments.
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....
(1) Daughter has been recognised and treated as a coparcener by birth with equal rights and liabilities as of that of a son – It is not necessary that a coparcener whose daughter is conferred with ri....
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....
A compromise decree may be recalled if it is found to have been executed under circumstances of deception and non-disclosure of relevant information regarding property rights.
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.
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