THE HIGH COURT OF KARNATAKA
D K SINGH, S RACHAIAH, JJ
SMT. ANNAPOORNA, TEJAS, SHREYAS – Appellant
Versus
SMT. NANJAMMA, SMT. PARVATHAMMA, SMT. LATHA, SMT. MANJULA – Respondent
REGULAR FIRST APPEAL NO. 1280 OF 2015 (PAR) | REGULAR FIRST APPEAL NO. 1281 OF 2015 (PAR)
| Table of Content |
|---|
| 1. parties reached a mutual settlement regarding property partition. (Para 1 , 2 , 3) |
| 2. court recorded terms of compromise for property division and concluded matters. (Para 4) |
| 3. final order disposing of the appeal based on the recorded compromise. (Para 5) |
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
These two appeals have been filed by the appellants / defendant Nos.2 to 4, impugning the judgment and decree dated 01.07.2015 passed by the learned Senior Civil Judge & J.M.F.C., Devanahalli, in O.S.No.1092/2007 instituted by the respondent Nos.2 to 4 / plaintiffs.
2. The suit filed by the respondent Nos.2 to 4 / plaintiffs and counter claim of the appellants / defendant Nos.2 to 4 came to decreed in part.
3. The parties have settled the dispute amicably before this Court and have entered into terms of compromise which has been signed by the appellants and the respondent Nos.2 to 4. Respondent No.1, since deceased, is represented by her legal heirs - respondent Nos.2 to 4.
4. The terms of compromise as mentioned in application under Order XXIII Rule 3 of the Code of Civil Procedure read as under:-
“COMPROMISE PETITION UNDER ORDER XXII RULE 3 OF THE Code of Civil Procedure :
The Appellants and Respondents herein jointly submit as hereunder:
01. It is submitted that, at the intervention of well wishers, elders, relatives and family friends, the appellants and the respondents have settled the matter amicably; so as to put an end for further litigation and terms of the Compromise petition are clearly set down as hereunder.
02. The respondents have filed a suit against the appellants seeking for partition and separate possession for 1/5th share each in respect of the ancestral and joint family properties before the 1st Senior Civil Judge and JMFC at Devanahalli in O.S.No.1092/2007. After contest, the said suit came to be decreed by its judgment and decree dated 01.07.2015.
03. Aggrieved by the said judgment and decree passed in O.S No.1092/2007, the appellants have preferred the above appeal. The appellants and respondents have settled the dispute among themselves and they have agreed to take their shares and which are clearly described as "A" schedule is allotted to the share of the 2nd respondent namely Parvathamma, "B schedule is allotted to the share of the 3rd respondent namely Latha, "C" schedule is allotted to the share of 4th respondent namely Manjula and "D" schedule is allotted to the share of appellants namely Annapoorna, Tejas and Shreyas.
04. The appellants and the respondents have conceded that they have no objection to obtain the revenue entries/records in their names as per their respective shares allotted to the parties.
"A" SCHEDULE
PROPERTIES ALLOTTED TO THE SHARE OF THE 2ND RESPONDENT - SMT. PARVATHAMMA
Item No.1
All that part and parcel of property bearing Sy.No.20/1 measuring 3 ¼ guntas out of 10 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on:
East by : "B" Schedule property allotted to the share of Latha
West by : Subbaiah's property
North by : "B" Schedule property allotted to the share of Latha
South by : E.Jayamma's property
Item No.2
All that part and parcel of property bearing Sy.No.20/2 measuring 1 acre 5 guntas out of 3 acres 20 guntas situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on:
East by : Road
West by : E.Jayamma's property
North by : "B" Schedule property allotted to the share of Latha
South by : Sy.No.23/2, 24/5 and Sy.No.24/2
Item No.3
All that part and parcel of property bearing Sy.No.225 measuring 26 ¼ guntas out of 2 acres situated at, Tarahunase village, Jala Hobli, Bangalore North Taluk presently Yelahanka Taluk bounded on:
East by : Muniyappa's property
West by : T.C.Patalappa's property
North by : "B" Schedule property allotted to the share of Latha
South by : Sy.No.87 T.S.Devaraju
Item No.4
All that part and parcel of property bearing Sy.No.103/3, Sy.No.103/4 and Sy.No.103/5 mea
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