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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A. PATIL
V. Narayanaswamy, S/o. Late Venkatarayappa – Appellant
Versus
Sunitha Ashwath, W/o. Late Dr. M.B. Ashwath – Respondent
| Table of Content |
|---|
| 1. parties settled dispute with a compromise petition. (Para 1 , 2 , 3 , 4 , 5) |
| 2. the court accepted the lawful terms of the compromise petition. (Para 6 , 7) |
JUDGMENT :
This appeal is filed challenging the judgment and award dated 02.03.2022 passed in O.S.No.673/2014 by the VI Additional Senior Civil Judge, Benglauru Rural District, Bengaluru.
3. Learned counsel for the appellants and learned counsel for the respondents filed the memorandum of compromise petition and submit that the same is prepared based on the instructions of the parties.
5. The terms of the compromise petition reads as under:
The appellants and the respondents above named beg leave to submit as follows;-
2) It is humbly submits that one Hanumanthappa resident of Mugabala village, Hoskote Taluk, Bengaluru Rural district had two sons viz. (i) Byrappa and (ii) Venkatarayappa. The said Hanumanthappa and his two sons are not alive. The respondents 1 to 5 are the decedents of Byrappa S/o Hanumanthappa. Similarly, the appellants 1 to 4 and respondents 6 to 9 are the decedents of Venkatarayappa, S/o Hanumanthappa. All the suit schedule properties are the ancestral and joint family properties of late Hanumanth
Parties may settle disputes amicably through a lawful compromise, which is accepted by the court.
The court confirmed that a compromise in a partition case is valid if voluntarily entered without coercion, facilitating expedient resolution through final decree proceedings.
The court confirmed a compromise resolution under Order XXIII Rule 3 of the CPC, validating the mutual agreement to amicably divide ancestral properties and binding future claims.
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.
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....
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.
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 court endorsed that compromises among parties are valid if conducted lawfully, supporting conflict resolution without legal impediments.
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....
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