Back
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 :
VIJAYKUMAR A. PATIL, J.
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.
2. During the pendency of this appeal, the parties have settled the dispute amicably.
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.
4. The appellants and respondents are called out, they are present. They state that the memorandum of compromise is prepared based on their instructions and after understanding the contents of the compromise petition, they have affixed their signatures and thumb impression on their own volition.
5. The terms of the compromise petition reads as under:
"Memorandum of Compromise petition filed by the appellants and respondents under Order XXIII, Rule 3 R/W Sec. 151 of C.P.C:-
The appellants and the respondents above named beg leave
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.
Court recognized a mutual settlement among parties and recorded a decree reflecting the terms agreed upon during the appeal.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
