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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
Yalegowda S/o Late Lakshmana – Appellant
Versus
Pushpamma W/o Late Munegowda – Respondent
JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
This appeal is filed challenging the judgment and decree dated 25.01.2019 in O.S.No.252/2015 passed by the II Additional Senior Civil Judge, Kolar.
2. During the pendency of this appeal, the parties have amicably resolved the dispute and filed a memorandum of compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, (for short 'the CPC').
3. Learned counsel appearing for parties identify the appellant and respondents, who are present before the Court. On identification, the parties state that they have signed and affixed their thumb impressions on verifying the contents of the memorandum of compromise petition.
4. Memorandum of compromise petition reads as under:
"MEMORANDUM OF COMPROMISE PETITION FILED BY THE APPELLANTS AND RESPONDENTS UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL PROCEDURE:
The appellants and the respondents above named beg leave to submit as follows:-
1. At the intervention of well-wishers, friends, Hon'ble Court the parties have mutual discussions and agreed to settle the controversies in the above suit by submitting this compromise petition.
2. It is respectfully submits that the respondents n
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.
Parties may settle disputes amicably through a lawful compromise, which is accepted by the court.
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.
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.
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