Bylappa and Others Vs Muthaiah and Others

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Judgment

263 paragraphs · 4,363 words

N. Kumar, J.—1. This appeal is preferred by defendants 1, 2, 3 and 4 challenging the judgment and decree of the trial Court which has decreed the suit of the plaintiff for partition and separate possession granting 1/3rd share to the plaintiff and similarly 1/3rd share to the first defendant and to the legal representatives of defendants 5 to 8.

Today, the parties have filed a compromise petition under Order 23 Rule 3 CPC which is duly signed by all of them. Except Smt. Dhanalakshmi-appellant No. 2(c) all are present before the Court. However, Dhanalakshmi has duly signed the compromise petition, as she is in the hospital she is unable to come to the Court. Her Advocate Sri Prakash T. Hebbar admits execution of the compromise petition on behalf of her for which she has given due authorization. The terms of the compromise are explained to the parties who are present before the Court, all of them agree to the said terms and conditions, they admit due execution of the compromise petition.

We have also gone through the terms of the compromise petition. Under the compromise, properties mentioned in Schedule ''G'' are excluded from partition on the ground the properties mentioned in the said schedule are alienated in favour of respondents 7, 8 and 9. In view of the compromise, all the parties affirm and acknowledge the aforesaid alienations and, therefore, none of the alienations are set aside. All the remaining properties are partitioned by metes and bounds as set out in the schedule to the compromise petition and in the compromise petition it is clearly mentioned those schedule items have fallen to whose share. Schedule ''A'' to ''F'' sets out the particulars of all the properties which are partitioned by metes and bounds. The compromise petition also recites that the parties according to the said Schedule have taken possession of the respective properties and they are in peaceful possession and enjoyment of the same. Under these circumstances, the appeal is allowed in terms of the compromise petition. The terms of the compromise petition and the Schedule are as under:-

"Appellants and the Respondents herein jointly submit this Compromise Petition as follows:

Respondents No. 1 and 2 in the Appeal were plaintiffs No. 1 & 2 respectively in the Trial Court. Respondents No. 3 to 9 and appellants herein were defendants. Plaintiffs No. 1 & 2 filed O.S. No. 552/2002 for partition and separate possession in respect of various immovable properties more vividly described in the plaint schedule inter-alia contending that the suit properties are available for partition between the plaintiffs and the defendants No. 1 to 8 being the lineal descendents of late Hanumaiah. Defendants seriously contested the suit. However, the Hon''ble Trial Court decreed the plaintiffs suit. Being aggrieved by the judgment and decree of the Hon''ble Trial Court, LRs of defendants No. 1 & 2 and defendants No. 3 & 4 filed the above appeal questioning the legality and the validity of the judgment and decree passed by the Hon''ble Trial Court urging several grounds.

At the intervention of the well wishers of both the parties i.e. appellants and respondents No. 1 to 6 and 10 (respondents No. 7, 8 & 9 being the purchasers) have come to a consensus to amicably settle the dispute in the above suit by partitioning the suit properties as detailed hereunder on the following terms and conditions:

Properties more vividly described in the ''A'' Schedule are allotted to the share of late Bylappa''s branch (i.e. to defendants No. 1, No. 2(a), 2(b), 2(c), defendant No. 3 and defendant No. 4), properties described in the ''B'' Schedule are allotted to the share of late Hanumantharayappa''s branch (i.e. respondent Nos. 3 to 6), properties described in the ''C Schedule are allotted to the share of 1st and 2nd respondents jointly, properties described in the ''D'' Schedule is allotted to the share of Smt. Lakshmamma, W/o. Hanumaiah [appellant No. 1 (a)/defendant No. 1 (a)], property described in the ''E'' Schedule is allotted to the share of Smt. Akkamma, W/o. Dodda Hanumantharayappa [appellant No. 1(b)] and ''F'' Schedule is allotted to the share of respondent No. 10 Smt. Savithramma, w/o. Anjanappa.

The parties hereto have taken exclusive possession of the properties allotted to their respective share.

In view of the acceptance of the allotment of shares as per the details mentioned in each schedule, none of the parties hereto shall claim any right, title, interest or lien in respect of the properties allotted to the other sharers and the parties hereto are entitled to hold, possess and enjoy the respective properties allotted to their respective shares, without interfering in the possession and enjoyment of the properties allotted to the other sharers.

It is expressly understood by and between the parties hereto that the following properties which were acquired in the name of Bylappa in Sy. No. 55 to an extent of 3 acres 27 guntas were sold by appellants and the members of the joint family in favour of respondent No. 8 and the purchaser respondent No. 8 herein was put in possession. The Sy. No. 37/5 to an extent of 1 acre 6 guntas was acquired in the name of Hanumantharayappa S/o. late Bylappa and the same has been sold in favour of respondent No. 7 and the purchaser respondent No. 7 herein was put in possession. Sy. No. 63 to an extent of 6 guntas was acquired in the name of Bylappa and the same has been sold in favour of respondent No. 9 and was put in possession. The sale of above three items was for the benefit of the family of the appellants and respondents No. 1 to 6 and 10, being for legal necessities. Therefore, the said items of the properties described in Sy. No. 37/5 to an extent of 1 acre 6 guntas, Sy. No. 55 to an extent of 3 acres 27 guntas and Sy. No. 63 to an extent 0.6 guntas of this compromise petition are not available for partition having already been sold as elaborated above and therefore, taking into consideration the above aspect of sale for the benefit of the family of the appellants and respondents No. 1 to 6 and 10, the said properties which were sold, which are described in the G - Schedule are not considered for partition. Therefore, the properties described in the G - schedule shall not be available for partition among the appellants and respondents No. 1 to 6 and 10 and the purchasers of the properties mentioned in the G - schedule of this compromise petition are under the ownership and exclusive possession of the said purchasers i.e. respondents No. 7, 8 and 9 herein, respectively.

The parties hereto having given a serious thought and after bilateral discussions among the members of the family and well wishers and elders have considered the allotment of shares detailed herein under Schedule A to F respectively as beneficial to the respective branches of the appellants and respondents 1 to 6 and 10, are satisfied with the same as equitable allotment of shares considering all the aspects of the members of the family of the appellants and respondents No. 1 to 6 and 10.

The parties hereto represent that there are no antecedent debts, crop loans or any mortgage over the schedule properties mentioned in this compromise petition incurred by any of the members and that the schedule properties are free from all encumbrances.

There is no fraud, undue influence, force or coercion in execution of this compromise petition and the division of properties as detailed below and elaborated in this compromise petition are voluntary and for the benefit of the families of the appellants and respondents No. 1 to 6 and 10.

10.

It is understood by and between the parties hereto that the trees standing in the items of the properties allotted to their respective shares shall belong to the respective sharers absolutely to whom they are allotted as shares under this compromise petition.

WHEREFORE, the appellants and respondents No. 1 to 6 and 10 pray that this Hon''ble Court he pleased to decree the suit in terms of the Compromise Petition modifying and/or setting aside the impugned judgment and decree and to draw final decree, in the interest of justice and equity.

SCHEDULE ''A'' PROPERTY

(Allotted to the branch of late Bulappa and his legal representatives - appellant No. 2(a) - Smt. Lakshmamma, appellant No. 2(b) - Shri Anjinappa, appellant No. 2(c) - Smt. Dhanalakshmi, appellant No. 3 - Shri B. Hanumantharauappa and appellant No. 4-Shri B. Hanuamaiah).

All that piece and parcel of agricultural land in Sy. No. 7/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 0-11 guntas out of the total extent of 0 - 34 bounded on:-

East: Property belongs to Ramareddy.

West: Property allotted to the share of C-scheduledar.

North: Road.

South: Property belongs to Chikkanna and Chikkaveerappa.

All that piece and parcel of agricultural land in Sy. No. 25/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 1 Acre 05 guntas out of the total extent of 3 Acres 02 bounded on:

East: Property belongs to Muniyappa S/o. Veeragowda

West: Property allotted to the share of B-scheduledars.

North: Property allotted to the share of B-scheduledars.

South: Government Channel.

All that piece and parcel of agricultural land in Sy. No. 31/4, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 0.9 guntas bounded on:-

East: Property belongs to Veeregowda''s children.

West: Property allotted to the share of C-scheduledar - Muthaiah.

North: Property allotted to the share of F-scheduledar - Smt. Savithramma.

South: Property of Veeregowda and his sons.

All that piece and parcel of agricultural land in Sy. No. 29/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 0.4 guntas bounded on-

East: Property of Muthurayappa.

West: Property of Muthurayappa.

North: Property of Mayamma.

South: Property of Chikkanna and Muniyappa.

All that piece and parcel of agricultural land in Sy. No. 64/6, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 1 acre 6 guntas bounded on:-

East: Property of Gangabyraiah and Byranna.

West: Property of Jayaramaiah.

North: Property of Muthegowda S/o. Chikkaveerappa.

South: Property of Veeregowda.

All that piece and parcel of agricultural land in Sy. No. 54/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 1 acres 17 guntas out of the total extent of 4 acre 10 guntas bounded on:-

East: Property of sons of Ajjegowda.

West: Property of Mahimanna.

North: Property allotted to the share of B-scheduledars.

South: Property allotted to the share of C-scheduledars.

All that piece and parcel of agricultural land in Sy. No. 54/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 1 acre 10 Guntas out of the total extent of 2 acres 30 guntas bounded on:-

East: Property allotted to the share of C-scheduledar

West: Property of sons of Ninganna and Mahimanna.

North: Property of Mahimanna and Jayamma.

South: Property allotted to the share of B-scheduledars.

All that piece and parcel of agricultural land in Sy. No. 64/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 14 guntas out of the total extent of 1 acres 04 guntas bounded on:-

East: 15 feet road belonging to all the three sharers mentioned in A, B and C schedules.

West: Property of Huchaiah

North: Road.

South: Property allotted to the share of C-scheduledars.

All that piece and parcel of agricultural land in Sy. No. 63, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 03 guntas out of the total extent of 27 guntas bounded on:-

East: Property of Muthegowda S/o. Chikkaveerappa.

West: Road.

North: House property of Gangabyraiah.

South: Road.

10.

All that piece and parcel of agricultural land in Sy. No. 63, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 04 guntas out of the total extent of 27 guntas bounded on:-

East: Property of Muthegowda S/o. Chikkaveerappa.

West: Road.

North: Property allotted to the share of C-scheduledars.

South: Property allotted to the share of B-scheduledars.

11.

All that piece and parcel of agricultural land in Sy. No. 31/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 20 guntas out of the total extent of 1 Acre 26 guntas bounded on:-

East: Property of Chikkanna and Gangahanumaiah.

West: Arkavathi river.

North: Property of Manjunath S/o. Kote Chikkahyrappa.

South: Property allotted to the share of B-scheduledars.

12.

All that piece and parcel of agricultural land in Sy. No. 41/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 1 Acre 19 Guntas out of the total extent of 2 Acre 38 guntas bounded on:-

East: Road.

West: Property of Gangabyrappa.

North: Property allotted to the share of B-scheduledars.

South: Property allotted to the share of Muniraju.

13.

All that piece and parcel of agricultural land in Sy. No. 36/2, of Tharabanahalli Village, Hesaragatta Hobli, Bangalore North Taluk measuring 06 guntas bounded on:-

East: House property of Shivamma W/o. Ajjappa.

West: House property of Hanumantharayappa S/o. Byrappa.

North: Road.

South: Railway lane.

The said Sy. No. 36/2, Khatha No. 204, has constructed houses and three shops measuring East-West 46 Feet, and North to South 150 Feet each.

14.

All that piece and parcel of the House Khaneshumari No. 111 (Old), New 107/79, measuring East to West 29 Feet and North to South 33 Feet total 957 sq. ft. (house property) situated at Sasuveghatta Village, Hesaragatta Hobli, Bangalore North Taluk and bounded on:-

East: Property allotted to the share of B-scheduledars.

West: Vacant site of Smt. Sakamma.

North: Road.

South: Property of Huchchaiah.

SCHEDULE ''B'' PROPERTY

[Allotted to the share of respondent No. 3 - Smt. Gangamma (W/o. late Hanumantharayappa), respondent No. 4 - Shri Muniyappa, respondent No. 5 - Shri Rajanna and respondent No. 6-Gangappa (respondents 4 to 6 are sons of late Hanumantharayappa)]

All that piece and parcel of agricultural land in Sy. No. 7/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 12 guntas out of the total extent of 34 guntas bounded on:-

East: Property allotted to the share of C-scheduledars.

West: Estate of Bhoomika.

North: Road.

South: Property of Chikkaveerappa.

All that piece and parcel of agricultural land in Sy. No. 25/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 1 Acre 5 Guntas out of the total extent of 3 Acres 2 Guntas bounded on:-

East: Property allotted to the share of A-scheduledars.

West: Property allotted to the share of C-scheduledars.

North: Property allotted to the share of B-scheduledars in the same survey number.

South: Government Halla.

All that piece and parcel of agricultural land in Sy. No. 30/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 21 guntas bounded on:-

East: Property of Chikkanna, Appanna and Muniyappa. West: Property allotted to the share of B-scheduledars.

North: Property allotted to the share of B-scheduledars in the Sy. No. 31/4.

South: Property of Chikkanna and Muniyappa.

All that piece and parcel of agricultural land in Sy. No. 30/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 1 Acre 9 guntas bounded on:-

East: Property of Gangamma and Muniyappa.

West: Property of Muthurayappa.

North: Property allotted to the share of A-scheduledars.

South: Property allotted to the share of A-scheduledars.

All that piece and parcel of agricultural land in Sy. No. 54/1 of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 1 acre 17 guntas out of the total extent of 4 acre 10 guntas bounded on:-

East: Government Channel and property of Ajjegowda.

West: Property of Mahimanna.

North: Property allotted to the share of B-scheduledars.

South: Property allotted to the share of A-scheduledars.

All that piece and parcel of agricultural land in Sy. No. 54/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 30 guntas out of the total extent of 2 acres 30 guntas bounded on:-

East: Property of Narayanappa.

West: Property of Mahimanna.

North: Property allotted to the share of A-scheduledars.

South: Property allotted to the share of C-scheduledars.

All that piece and parcel of agricultural land in Sy. No. 64/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 16 guntas out of the total extent of 1 acre 4 guntas bounded on:-

East: 15 feet road allotted to all the three sharers mentioned in A, B and C schedules.

West: Property of Motaiah.

North: Property allotted to the share of C-scheduledars.

South: Gramatana road.

All that piece and parcel of agricultural land in Sy. No. 63, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 5 guntas out of the total extent of 27 guntas bounded on:-

East: Property of Muthegowda S/o. Chikkaveerappa.

West: Road.

North: Property allotted to the share of A-scheduledars.

South: House property of Gangabyrappa.

All that piece and parcel of agricultural land in Sy. No. 31/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 24 guntas out of the total extent of 1 acres 26 guntas bounded on:-

East: Property of Chikkanna.

West: Arkavathi river.

North: Property allotted to the share of A-scheduledars.

South: Property allotted to the share of C-scheduledars.

10.

All that piece and parcel of agricultural land in Sy. No. 41/2, of Sasuve Ghatta Village, Hesaragatta Hohli, Bangalore North Taluk measuring 1 acre 19 guntas out of the total extent of 2 acres 38 guntas hounded on-

East: Road.

West: Property of Gangahyrappa.

North: Property of Byraiah.

South: Property allotted to the share of A-scheduledars.

11.

All that piece and parcel of agricultural land in Sy. No. 34/12 of Sasuveghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 0.2 guntas hounded on-

East: Property of Muniyappa.

West: Property of Narasimhaiah.

North: Property of Muthurayappa.

South: Property of Gangahanumaiah.

12.

All that piece and parcel of house property in Kaneshumari No. 111, (New No. 107/79) to an extent of East to West 26 feet, North to South 33 feet, total 858 sq. ft. of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk bounded on:-

East: Property allotted to the share of C-scheduledars.

West: Property allotted to the share of A-scheduledars.

North: Road.

South: Property of Huchchaiah.

SCHEDULE ''C'' PROPERTY

(Allotted to respondent No. 1-Muthaiah and Respondent No. 2 - Muniraju)

All that piece and parcel of agricultural land in Sy. No. 7/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 11 guntas out of the total extent of 34 guntas bounded on:-

East: Property allotted to the share of A-scheduledars.

West: Property allotted to the share of B-scheduledars.

North: Road.

South: Property ofChikkanna and Chikkaveerappa.

All that piece and parcel of agricultural land in Sy. No. 25/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 32 guntas out of the total extent of 3 acres 02 guntas bounded on:-

East: Property allotted to the share of B-scheduledars.

West: Property allotted to the share of C-scheduledars.

North: Property of Muthurayappa and Chikkanna.

South: Government Channel.

All that piece and parcel of agricultural land in Sy. No. 25/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 13 guntas bounded on:-

East: Property allotted to the share of C-scheduledars.

West: Property of Jayaramaiah.

North: Property of Muthurayappa and Chikkanna.

South: Government channel.

All that piece and parcel of agricultural land in Sy. No. 31/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 22 guntas out of the total extent of 1 acres 26 guntas bounded on:-

East: Property of Chikkanna and Muthurayappa.

West: Arkavathi river.

North: Property allotted to the share of B-scheduledar.

South: Property of Chikkaveerappa.

All that piece and parcel of agricultural land in Sy. No. 31/4, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 14 guntas bounded on:-

East: Property of Muthurayappa.

West: Property of Chikkanna.

North: Talawar Inamathi property.

South: Property of Chikkanna.

All that piece and parcel of agricultural land in Sy. No. 31/4, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 29 guntas bounded on:-

East: Property of Muniyappa.

West: Property of Muthaiah S/o. Muniyappa.

North: Talawar Inamathi property.

South: Property of Bylappa and daughters of Hanumantharayappa.

All that piece and parcel of agricultural land in Sy. No. 54/1, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 1 acre 16 guntas out of the total extent of 4 acres 10 guntas bounded on:-

East: Property of children of Ajjegowda.

West: Property allotted to the share of A-scheduledars

North: Property allotted to the share of A-scheduledars

South: Property of Narayanappa and Huchchaiah.

East: Property of Narayanappa.

West: Property of Mahimanna.

North: Property allotted to the share of B-scheduledars

South: Property of Chikkaveerappa and Mutharayappa.

All that piece and parcel of agricultural land in Sy. No. 63, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 9 guntas out of the total extent of 27 guntas bounded on:-

East: Property of Chikkaveerappa.

West: Road.

North: Property of Mahimanna.

South: Property allotted to the share of A-scheduledars.

10.

East: 15 feet road belonging to all the three sharers mentioned in A, B and C schedules.

West: Property of Motaiah.

North: Property allotted to the share of A-scheduledars.

South: Property allotted to the share of B-scheduledars.

11.

All that piece and parcel of agricultural land in Sy. No. 41/4, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 36 guntas bounded on:-

East: Road.

West: Property of Gangabyrappa.

North: Property of C. Muniraju.

South: Property of Appanna.

12.

All that piece and parcel of agricultural land in Sy. No. 30/2, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 0-25 guntas bounded on:-

East: Property of children of Veeregowda.

West: Property of children of Veeregowda.

North: Property of Muthurayappa.

South: Property of children of Veeregowda.

13.

All that piece and parcel of agricultural land in Sy. No. 31/4, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 12 guntas bounded on:-

East: Property of Bylappa.

West: Property of Muthurayappa.

North: Property of Chikkanna.

South: Property allotted to the share of B-scheduledars.

14.

All that piece and parcel of the House Khaneshuman No. 111 (Old), New 107/79 extent East to West 25 Feet and North to South 33 Feet total extent 825 sq. ft. situated at Sasuveghatta Village, and bounded on:-

East: Property of Gangamma.

West: Property allotted to the share of B-scheduledars.

North: Road.

South: Property of Huchchaiah.

SCHEDULE ''D'' PROPERTY

(Allotted to the share of appellant No. 1(a) - Smt. Lakshmamma w/o. late Hanumaiah, D/o. late Bylappa)

All that piece and parcel of agricultural land in Sy. No. 31/4, of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk measuring 12 guntas out of the total extent of 36 guntas bounded on:-

East: Property of Savithramma.

West: Property of Chikkanna.

North: Property of Chikkanna and Muthiah.

South: Property of Appanna and Muthaiah.

SCHEDULE ''E'' PROPERTY

(Allotted to appellant No. 1(b)- Smt. Akkamma w/o. late Dodda Hanumantharayappa, D/o. late Bylappa)

East: Property of Jayaramaiah.

West: Property of Savithramma in F-schedule.

North: Property of Chikkanna and Muthaiah.

South: Property of children of late Bylappa and Muthaiah.

SCHEDULE ''F'' PROPERTY

(Allotted to respondent No. 10 - Smt. Savithramma w/o. Anjanappa, D/o. late Hanumantharayappa)

East: Property of Akkamma.

West: Property of Lakshmamma.

North: Property of Chikkanna and Muthiah.

South: Property of children of late Bylappa and Muthaiah.

SCHEDULE ''G'' PROPERTY

(Details of the properties sold by the joint family in favour of respondents 7, 8 and 9 and hence not considered for partition).

Item No. 1:

All that piece and parcel of agricultural land in Sy. No. 55, measuring 3 acres 27 guntas of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk and bounded on the -

East: Property of Mahimanna and Chikkanna and Government Halla.

West: Property of Chikkaveerappa.

North: Property of Bylappa.

South: Property of Mahimanna.

Item No. 2:

All that piece and parcel of agricultural land in Sy. No. 37/5, measuring 1 acre 06 guntas of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk and bounded on the -

East: Property of Muniyappa and Kempaiah.

West: Property of Gnanachar.

North: Property of Gnanachar

South: Property of Siddappa.

Item No. 3:

All that piece and parcel of agricultural land in Sy. No. 63, measuring 0-06 guntas out of 0-27 guntas of Sasuve Ghatta Village, Hesaragatta Hobli, Bangalore North Taluk and bounded on the -

East: Property of Muthegowda.

West: Road.

North: Property allotted to the share of the B-scheduledars.

South: Property allotted to the share of the A-scheduledars.

The terms of the compromise petition are lawful. Execution of the compromise petition is accepted. All the parties who are present before the Court have affixed their signature. Appeal is partly allowed modifying the decree of the trial Court in terms of the compromise petition. As the parties have already taken possession of the properties in terms of the compromise petition where the properties which have fallen to the share of each of them is clearly described, the High Court registry shall draw a final decree in terms of the compromise petition. In other words, the decree to be drawn up in the compromise petition would substitute the decree passed by the trial Court and it would be the final decree.

Bylappa and Others vs Muthaiah and Others

Judgment