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2026 Supreme(Online)(Kar) 23465

THE HIGH COURT OF KARNATAKA
Anu Sivaraman, Tara Vitasta Ganju, JJ
S. Manjappa – Appellant
Versus
K. S. Sumitramma – Respondent
REGULAR FIRST APPEAL NO. 1617 OF 2019

Advocates:
For the Appellants/Petitioners: Lohitaswa Banakar
For the Respondents: Prasanna B.R., P. Uday Shankar Rai, Chidambara G.S.

The court may dispose of an appeal in a partition suit based on a valid compromise petition filed by the parties under Order XXIII Rule 3 CPC, directing a final decree to be drawn to reflect the agreed distribution of property.

Headnote:(A) Code of Civil Procedure, 1908 - Order XXIII Rule 3 and Section 151 - Partition suit - Settlement - Compromise petition filed by parties for disposal of appeal - Court accepting the compromise and noting that parties have been put in exclusive possession of respective shares - Directions issued to draw up final decree in terms of the compromise and the annexed sketch. (Paras 3, 6, 8, 9)

Facts of the case:
The litigation arose from a suit for partition and injunction. Following a judgment and decree by the trial court, an appeal was filed. During the pendency of the appeal, the parties resolved the dispute through a compromise mediated by elders and well-wishers, resulting in the identification and allotment of specific shares of agricultural land and properties among the appellants and respondents.

Findings of Court:
The Court verified that the parties, including power of attorney holders, agreed to the terms of the settlement regarding the suit schedule properties. The compromise, supported by a rough sketch, was formally accepted, and the court directed the Registry to draw up a final decree accordingly.

Issues: The primary issue settled was the partition and separate possession of the suit schedule properties through an amicable compromise agreement between the familial parties.

Ratio Decidendi: Where parties to a partition suit arrive at a voluntary settlement, the court, under Order XXIII Rule 3 of the CPC, may dispose of the appeal in accordance with the terms of the compromise, provided it is lawful and duly executed, thereby putting an end to the litigation.

Result: Appeal disposed of in terms of the compromise.

Table of Content
1. disposal of appeal based on settlement of property partition (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)

THIS RFA IS FILED UNDER SECTION 96 R/W ORDER XLI RULE 1 OF CPC, 1908, AGAINST THE JUDGMENT AND DECREE DATED 01.06.2018 PASSED IN OS NO.164/2017 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, DEVANGERE DECREEING THE SUIT FOR PARTITION AND SEPARATE POSSESSION.

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

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This appeal is preferred against the judgment and decree dated 01.06.2018 passed by Principal Senior Civil Judge at Davangere in O.S.No.164/2017.

2. We have heard the learned counsel appearing on either side.

3. It is submitted that the suit was one for partition and injunction and the parties have compromised the matter and a compromise petition is filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure.

4. It is submitted that appellant No.2 is the Power of Attorney Holder of the other appellants. Respondents No.1, 2, 6 and 13 are present before this Court today and respondents No.3 to 5 and 7 to 12 are duly represented by the Power of Attorney Holder, who is respondent No.6.

5. The Power of Attorney executed by the parties are also placed on record.

6. The parties have entered into compromise as per the advice and intervention of elders, well wishers, friends and relatives of the parties of this proceedings have agreed and get settle the matter regarding the suit schedule properties and as per settlement the share allotted to the respective parties are as follows:-

"1. Share allotted to the appellant No.1 S. Manjappa S/o Late Siddappa is as follows:-

A. Agricultural land bearing R.S.No.12/5, measuring 0 Acre, 02.1/4 Guntas and another agricultural land bearing R.S.No.12/6, measuring 0 Acre, 18 Guntas, both the properties are attached together and totally measuring 0 Acre, 20.1/4 Guntas, situated at: Basapura Village, Kasaba Hobali, Davangere Taluk and bounded by: East :- 10 Feet Road Left in R.S.No.12/5,6,7, 8, West R.S.No.12/2 belongs to Hiremath, North:-Share allotted to Respondent No.3 to 12, South: R.S.No.12/6 share allotted Vinodhamma W/o Maheshwarappa, (which is mentioned as 'D' and 'E' portion) in the rough sketch annexed to this Compromise petition.

B. Agricultural land bearing R.S.No.294/9, measuring 0 Acre, 17 Guntas (including 1 Guntas Kharabh) situated at Avaragere Village, Kasaba Hobali, Davangere Taluk, and bounded by: East Halla, West: APMC Compound, North: R.S.No.294/8, South:-R.S.No.294/2.

2. Share allotted to the appellant No.2 to 5 i.e., Shivakumar S/o Late Nagendrappa, Raja-shekhar S/o Late Nagendrappa, Ravikumar S/o Late Nagendrappa, Smt. Devamma W/o Late Nagendrappa.

A. Agricultural land bearing R.S.No.12/9, measuring 0 Acre, 20.1/4 Guntas, situated at: Basapura Village, Kasaba Hobali, Davangere Taluk, bounded by: East: R.S.No.12/4, West:-R.S.No.12/2, belongs to Hiremath, North: Share allotted to Respondent No.13 Smt. Basamma W/o Late Hanumanthappa, South: Igoor Road, (which is mentioned as 'L' portion in the rough sketch enclosed herewith).

B. Agricultural land bearing R.S.No.294/5, measuring 17 Guntas (including 1 Guntas Kharabh) situated at Avaragere village, Kasaba Hobali, Davangere Taluk, which is bounded by: East Halla, West APMC Compound, North: R.S.No.294/1, South:-R.S.No.294/6.

3. Share allotted to Appellant No.6 to 9 i.e. Raghavendra S/o Late Shivappa (the father name is mentioned in the petition wrongly as Nagendrappa), Shivashankar S/o Late Shivappa (the name of appellant No.7 is mentioned wrongly as Shivakumar in the petition), Nagarathna D/o Late Shivappa, Prema W/o Late Shivappa.

A. Agricultural land bearing R.S.No.12/7, measuring 0 Acre, 10.3/4 Guntas and another land bearing R.S.No.12/8, measuring 0 Acre, 09.1/2 Guntas, totally measuring 0 Acre, 20.1/4

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2026 Supreme(Online)(Kar) 23465

THE HIGH COURT OF KARNATAKAAnu Sivaraman, Tara Vitasta Ganju, JJS. Manjappa – AppellantVersusK. S. Sumitramma – RespondentREGULAR FIRST APPEAL NO. 1617 OF 2019

The court may dispose of an appeal in a partition suit based on a valid compromise petition filed by the parties under Order XXIII Rule 3 CPC, directing a final decree to be drawn to reflect the agreed distribution of property.

THE HIGH COURT OF KARNATAKA
Anu Sivaraman, Tara Vitasta Ganju, JJ
S. Manjappa – Appellant
Versus
K. S. Sumitramma – Respondent
REGULAR FIRST APPEAL NO. 1617 OF 2019