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.

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 no.1 and 2 who are the Plaintiffs before the lower court had filed a suit bearing O.S. No.252/2015 on the file of the II Additional Senior Civil Judge, at Kolar against the defendant no.1 who is the appellant herein and other defendants who are the respondents no. 3 to 5 here in by seeking the relief of partition and separate possession of half share in the suit schedule properties and for means profits. The said suit was partly decreed on 25.01.2019 granting 6/15th share in suit schedule properties and aggrieved by the said judgment and decree, the defendant no.1/appellant herein presented above appeal before this hon'ble court.

3. It is respectfully submits that one Appojappa @ Sonnegowda who is the ancestor of the joint family of the appellant and respondents resident of Vegalabure village, Sugatur Hobli, Kolar Taluk, and district had two sons namely Munibyregowda and Lakshmana, the said Appojappa @ Sonnegoda and his two sons Munibyregowda and Lakshman are not alive. The appellant and respondents 1 to 5 are the decedents of Lakshmana Son of Appojappa. All the suit schedule properties are the ancestral and joint family properties of late Appojappa @ Sonnegoda.

4. The parties to the appeal herein agreed to divide the properties by way of this compromise petition to take separate possession of the suit properties by way of final decree drawn in the above appeal.

5. It is submitted that though the suit bearing O.S. No.252/2015 on the file of the II Additional Senior Civil Judge, at Kolar was partly decreed on 25.01.2019 granting 6/15th share in suit schedule properties the parties to the above appeal by way of mutual understanding, without insisting on the 6/15th share, amicably divided the schedule properties to the respective parties as full and final settlement which are specifically shown in this compromise petition.

6. As per the mutual understanding between the parties full and final settlement is arrived between them and the terms of the settlement is reduced under writing herein; The 'A' Schedule properties are allotted to the appellant. The 'B' Schedule properties are allotted to the respondent No.2 (Respondent No.1 expired leaving behind respondent no.2 who is the sole L.R. of deceased Respondent No.1) and 'C' Schedule properties allotted to Respondents No.3 to 5 jointly of the present appeal, and thus all the plaint schedule items are covered by the schedule to this compromise petition.

7. The parties admit that the description of some of the suit properties like the property numbers, measurement and the boundaries are incorrectly mentioned in the plaint and the same are correctly mentioned in the comprom