A court may record a compromise petition filed by parties under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908, to dispose of an appeal, provided the terms are lawful and accepted by the parties involved.

THIS MSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.09.2022 PASSED IN RA.No.124/2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 23.03.2017 PASSED IN OS No.463/2010 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSORE.

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

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT

Learned counsel appearing for the appellants and learned counsel appearing for the respondents reported settlement on 16.04.2026. However, on that day all the parties were not present.

2. The Court has noticed presence of appellants on 16.04.2026 and had dispensed with their presence today. The appellants had also submitted that the dispute is settled.

3. Learned counsel for the appellants and the learned counsel for respondents No.1 to 5 are present.

4. Notice to remaining respondents No.6 to 14 is dispensed with vide order dated 16.04.2026 as no relief is claimed against them as they have remained exparte before the Trial Court.

5. Application is filed for production of the General Power of Attorney executed by respondents No.4 and 5 in favour of respondent No.2- power of attorney holder.

6. Respondents No.1 to 3 are present before the Court.

7. The Compromise Petition filed on 16.04.2026, was already taken on record on that day itself.

8. In terms of the settlement, it is stated that the appellants have agreed to sell the scheduled property in favour of respondents No.1 to 5. Draft sale deed is also produced.

9. It is stated that Registration of the sale deed has to take place on or before 30.05.2026.

10. The consideration for the said sale transaction would be, respondents No.1 to 5 giving up their claim in respect of 1/7th share in item No.1 of the suit schedule property.

11. The terms and conditions of the settlement are as under:

MEMORANDUM OF COMPROMISE UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE 1908

The Appellants and Respondent No.1 to 5 beg to file following compromise petition and reporting the same as the parties have settled the matter once for all for the dispose of the entire appeal:

1. It is submitted that the Respondents filed a suit for partition in respect of their shares in O.S.No. 463/2010 before the learned Senior Civil Judge and J.M.F.C, Mysuru. The said suit came to be decreed by allotting 1/4th share to all the parties to the suit.

2. It is submitted that the Respondents 1 to 5 in above appeal being the Plaintiffs in O.S. 463/2010 on the file of the Senior Civil Judge and J.M.F.C, Mysuru and obtained the decree of partition in favour of not only the Respondent No.1 to 5 but also one Sri.H.M.Mallegowda and Smt. Shivamma was entitled for the share in Sy.No.128/1 out of 6.01 acre of Huyilalu Village, Yelawala Hobli, Mysuru Taluk. It is stated that the said parties namely Sri.H.M Mallegowda and Smt. Shivamma Respondent No. 7 and 8 have sold an extent of 1 acre of land in Sy. No. 128/1 of the said village.

3. It is submitted that the Respondents 1 to 5 filed the final decree proceedings in FDP. No 113/2018 before the III Additional Senior Civil Judge and J.M.F.C, Mysuru dated 23.03.2022. As against the same, the Respondents 1 to 5 filed R.A.No 124/2022 vide an order dated 20.09.2022 allowed the appeal and remanded the matter to the trial court directed to dispose the decree in O.S No.463/2010. The Appellants being aggrieved by the judgment and decree in R.A.No.124/2022 and preferred Miscellaneous Second Appeal in MSA No.121/2022.

4. It is submitted that during the pendency of the above appeal, the Appellants and Respondents 1 to 5 have proposed to settle