The court emphasized that a valid family compromise must equitably distribute property rights among heirs, particularly addressing the rights of female members.

ORAL ORDER

1. The present petition has been filed by the petitioner/plaintiff seeking to challenge the judgment passed in FDP.No.24/2013 on 08.10.2021 by the I Additional Senior Civil Judge and JMFC, Davanagere (hereinafter referred to as 'Impugned Order'). By the Impugned Order, multiple applications were decided by the learned Trial Court.

2. Learned counsel for the petitioner contends that the challenge in the present petition by the petitioner is to the decision of an application under Section 5 of the Limitation Act, as well as a decision on application filed by respondent Nos.1 to 7/defendant Nos.1 to 7 under Order XXIII Rule 3(A) of the CPC , 1908. The remaining findings are not subject matter of challenge of the present petition.

3. The brief facts of the case are that, pursuant to the filing of a suit for partition and separate possession, the learned Trial Court, on 01.08.2013, passed a preliminary decree for partition and separate possession of petitioner’s 1/8^th share in the suit schedule property by meets and bounds. Thereafter, a petition was filed under Order XX Rule 18 of the CPC , 1908 for passing of the final decree and delivery of possession of the petitioner’s 1/8^th share. The description of the suit schedule properties as set out therein are extracted below:

"Schedule A

1.Residential House property bearing corporation Door No.463, situated at 5^th division, Chowkipet, New Masjid Road, Davangere measuring 12 X 105 feet having ground floor and 1^st floor and bounded as under:-

East : Property of Munir Sab;

West : Property of Adhikari Channabasappa;

North : Chowkipet Road;

South : Property of Abu Sab S/o Malik Sab (Market value is Rs.70 lakhs)

2.Property situated at 4^th Division, Davangere bearing Door No.1099, Avalakki Mill Property, and Mill demolished and not vacant, measuring 7600 Sq.feet and bounded as under :-

East : Property of M.R.Kotresh and then conservancy;

West : Property of Samad Sab S/o late Ibrahim Sab;

North : Cement Road;

South : Conservancy (Market value is Rs.250 lakhs)

3.Commercial property having black tiled roofing bearing Corporation Door No.72/1A, situated at 6^th Division, Chowkipet Main Road, Davangere measuring 7 1/2 X 48 feet and bounded as under:-

East : Property of Munir Sab;

West : Property of M.R.Kotresh and Conservancy;

North : Road;

South : Conservancy.

(Market value is Rs.40 lakhs)

4.Agriculturalland situated at Avaragere Village, Davangere Taluk bearing Re.Sy.No.324, measuring 18 Acres 23 Guntas out of which eastern portion dry land measuring 04 Acres 10 Guntas and bounded as under:-

East : Land of C.Nagarajappa, K.B.Revanasiddappa, K.B.Shankarappa bearing Re.Sy.No.325;

West : Land fallen to the share of Puttappa in the same Sy.No.;

North : Land of HulagapparaThavappa;

South : Land of LikngadahalliMaheshwarappa, AvaragereBanappa, Hanumanthappa and Siddajjara bearing Re.Sy.No.333.

(Market value is Rs.25 lakhs)"

4. During the pendency of the case, a compromise petition filed under Order XXIII Rule 1 of CPC , wherein it is stated that the parties compromised the matter by putting their signatures for an amicable compromise to obtain their share in the properties.

5. Pursuant thereto, two applications were filed by respondent No.1/defendant No.1 (Smt.Prameelamma), being an application under Section 5 of the Limitation Act as well as an application under Order XXIII Rule 3(A) read with Section 151 of the CPC seeking to recall the compromise decree and the consent order and to condone the delay of 139 days in filing the application.

6. The learned Trial Court, after examining the objections filed by the petitioner/plaintiff and the comp