AND

DECREE

DATED

16.03.2022

PASSED

IN

F.D.P.NO.10/2019 ON THE FILE OF THE SINIOR CIVIL JUDGE AND

JMFC, RON AND THEREBY DISMISS THE PETITION IN FDP AND

GRANT SUCH OTHER RELIEFS AND ORDER, DEEMED FIT AND

PROPER IN CIRCUMSTANCES OF THE CASE IN INTEREST OF JUSTICE

AND EQUITY.

THIS RFA COMING ON FOR HEARING, THIS DAY, ASHOK S.

KINAGI J., DELIVERED THE FOLLOWING:

Digitally signed by

MOHANKUMAR B

SHELAR

Location: HIGH

COURT OF

KARNATAKA

Date: 2023.07.19

16:05:32 +0530

- 2 -

JUDGMENT

Parties are present before the Court. The parties are

identified by their respective counsel and filed a compromise

petition. The contents of the compromise petition reads as

under:

''COMPROMISE PETITION U/O. XXIII RULE 3 OF C.P.C.

In this the Appellant and Respondent most respectfully

submit as under:

1. That the Respondent herein had filed the suit for partition and

separate possession claiming 1/2 share in the suit properties.

Suit filed in O.S.No.124/2017 came to be decreed on

23.01.2019.

In

pursuant

to

said

preliminary

decree,

Respondent

had

initiated

final

decree

proceedings

in

F.D.P.No.10/2019 which is also allowed on 16-03-2022. The

same is the subject matter of this appeal.

2. That upon the intervention of elders, now parties have agreed

to

amicably

resolve

the

lis.

As

per

the

talks,

Appellant/Defendant is allotted following properties:

Sl.No.

R.S.No.

Area in

Acre-Gunta

Situate at

1.

301/1A

03-12

Hullur village

2.

301/B

03-08

Hullur village

3.

320/1

08-02

Hullur village

4.

322/1

06-17

Hullur village

- 3 -

3. That Respondent/Plaintiff is allotted following properties:

Sl.

No.

R.S.No.

Area in

Acre-Gunta

Situate at

1.

23/2A

05-00

Hullur village

2.

23/2B

04-20

Hullur village

3.

182/2

05-34

Hullur village

4.

183/1

04-02

Hullur village

5.

V.P.C.No.

322

and

185

Entire House

and Open site

Hullur village

4. That in addition to the said properties, there exist another

property bearing R.S.no.290/2A situate at Hullur village.

Eastern portion from Canal measuring 33 guntas is agreed to be

given to the share of Appellant/Defendant. Western portion

from said Canal measuring 15 guntas is agreed to be given

Respondent/Defendant. The parties herein agreed to approach

the concerned authorities to get the boundaries fixed in the

above land as per this compromise petition at their own costs.

5. That the parties have arrived at this arrangement without there

being any force, coercion or undue influence.

6. Hence, this Hon'ble Court may kindly be pleased to accept this

compromise petition and dispose off this appeal in terms of the

compromise petition.''

2.

The compromise petition was read over and

explained to the appellant and respondent in Kannada

language known to them. They have understood the same

and agreed for the terms and conditions of the compromise

- 4 -

petition and signed voluntarily, without any force, coercion or

undue influence etc.

3.

The compromise petition is placed on record.

Accordingly, the appeal is disposed of in terms of the

compromise petition.

Draw the decree accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

MBS

List No.: 1 Sl No.: 26