THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 27.10.2009 PASSED IN RA.NO.33/2009 (OLD 9/2007) ON THE FILE OF THE CIVIL JUDGE (SR.DN) & JMFC., PANDAVAPURA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 18.11.2006 PASSED IN OS.NO.13/2002 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., PANDAVAPURA.

THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

1. Appeal came to be admitted to consider the following substantial question of law.

“Whether Ex.D.3 creates right in favour of the defendant to resist the case of the plaintiffs for partition?”

2. During the course of hearing, settlement proposal was mooted by this Court having regard to the nature of the dispute and substantial question of law raised at the time of admission of the appeal.

3. Pursuant to such proposal, parties have agreed to settle the dispute amicably and they have presented a compromise petition under Order XXIII Rule 3 r/w Section 151 of the Code of Civil Procedure. Contents of the same are extracted hereunder:

“The Appellants and the Respondent above named most respectfully submit as follows:

1. The Appellants and the Respondent submits that with the intervention of elders, well-wishers, and family friends, the parties to the above appeal have agreed to settle their disputes amicably. The parties have voluntarily agreed to enter this compromise petition and the same is reduced in writing in respect of their settlement.

2. The Appellants and the Respondent submits that the 'Appellants have filed a suit for the relief of partition and separate possession against the Respondent herein in O.S.No.13/2002 on the file of the Civil Judge (Jr. Dn.) & JMFC, Pandavapura sought for half share in the suit schedule property. The said suit came to be decreed on 18/11/2006 declaring that the Appellants are entitle to half share and the Respondent is entitled to the remaining half share in the suit schedule property by metes and bounds.

3. The Appellants and the Respondent submits that Being aggrieved by the said judgment and decree, the Respondent preferred R.A. No.33/2009 before the Civil Judge (Sr. Dn.) & JMFC, Pandavapura. The First Appellate Court, by its judgment dated 27/10/2009, allowed the appeal thereby set aside the judgment and decree dated 18/11/2005 passed in O.S.No.13/2002 and dismissed the suit. Challenging the same, the Appellants have preferred the present appeal before this Hon'ble Court.

4. The Appellants and the Respondent submits that during the pendency of the above appeal, the parties to this appeal have amicably settled the dispute among themselves and according to the terms of compromise the parties to the above appeal are agreed to divide their respective shares on the suit schedule 'A' property which is scheduled hereunder and further they have agreed to take their respective shares as mentioned herein:

a. The Appellants have agreed to take half share in the schedule A property which is described as Schedule 'B' Property in the schedule column.

b. The Respondent has agreed to take half share in the schedule A property which is described as Schedule 'C' Property in the schedule column.

5. The Appellants and the Respondent further agreed that between the parties that:-

• Both parties shall have no claim whatsoever against each other in respect of their respectable shares allotted among themselves and the same are shown in the schedule column.

• The parties shall maintain cordial family relationship hereinafter entering this deed of compromise.

6. It is agreed that both parties shall have no objection for effecting khatha and other related documents of ownership in respect of their respectable shares before the concerned authorities.

7. It is further agreed that each party shall hereinafter enjoy their respective allotted share hereinafter without any inte