Sri. N. Narasaraju Rasimhaiah vs Sri. S. Shivakumar and Others

H. Billappa, J.—The appellant, the respondents 1 and 2 and their learned Counsel are present before the Court, They have filed a compromise petition, under Order 23 Rule 3 of CPC which reads as under:

The Parties to the above appeal submit as follows:

The Appellant and the respondents 1 & 2 submit as follows;

The Parties to this compromise petition are described as described in the trial court.

It is submitted that the plaintiff had filed a suit for partition and separate possession with respect to the suit-schedule properties in O.S. 1058/96 before the 9th Addl. City Civil & Sessions Judge, Bangalore and the said suit was decreed by Judgment A Decree dated 4.11.2008 wherein the plaintiff was granted 1/3rd share in the A, B & C schedule properties and it was ordered to be partitioned by meres and bounds.

The above appeal is preferred by the first defendant The plaintiff is the brother''s son of the defendants 1 & 2 and having regard to the relationship of parties, the parties have amicably settled the matter in dispute at the intervention of the well-wishers and family eiders.

The Parties to the above appeal submit that the defendants withdraw the allegations and contentions taken up in their written statement and have agreed to give the plaintiff the Schedule A & C properties towards his 1/3rd share in the suit schedule properties and the defendants 1 & 2 will not hope any right whatsoever in schedule A & C properties given to the share of the plaintiff.

The Parties to the above appeal submit that the plaintiff has agreed to give suit schedule B 3s D properties to the defendants 1 & 2 towards their 1/3rd share in the suit schedule properties and the plaintiff shall not have any right whatsoever with respect to the suit schedule 3 & D properties allotted to the share of the defendants 1 & 2.

The Parties to the above appeal submit that the defendants 1 & 2 who have taken suit schedule B & D properties to their share have further agreed to divide the suit schedule B & D properties equally between them. Accordingly the suit schedule B property is divided as Schedule D1 and D2. Properties mentioned in schedule B1 and D1 shall go to the share of defendant No. 1 and properties mentioned in schedule B2 and D2 shall go to the share of defendant No. 2 The plaintiff has no objection for such division amongst D1 and D2.

The Parties to the compromise submit that they have taken possession of their respective shares as per this compromise.

Both the parties mutually agree that they shall not interfere with the peaceful possession and enjoyment of the properties allotted to each other parties and the other parties shall have no right whatsoever with respect to the properties allotted to each party.

Both the parties have mutually divided the suit schedule properties as aforesaid and no final decree be drawn up in this regard and the present compromise petition shall form the final decree. The sketch annexed to this petition shall from part and parcel of the compromise decree.

Both the parties submit that they have no claims against each other much less the claim of mesne profits.

Both the parties submit that the compromise that is entered into is on account of their volition and there is no threat or coercion or undue influence by the other parties.

The properties that are allotted to each of the parties is as described below:

SUIT SCHEDULE ''A'' PROPERTY

(gone to the share of plaintiff Sri S. Shiva Kumar)

All that piece and parcel of the property bearing No. 1 10th Cross, Kilari Road, Banglore -53 measuring East to West: 12�'' and North to South 35'' with vacant space on the southern side measuring East to West: 8�'' and North to South; 13'' consisting of resedentialbuilding bounded on the:

East by Private property West by Road North by Private property South by Private propertySUIT SCHEDULE ''C'' PROPERTY

(gone to the share of the plaintiff-Sri S. Shiva Kumar)

Site bearing No. L in Sy. No. 93, Byadamhalli village, Civil Station, Chinnappa Garden, 8th Cross, Bangalore, measuring Bast to West: 30'' and North to South: 40'' and bounded on the:

East by Private property of Anjanappa West by Road North by : Site No. 18 in Sy No. 93 South by : Remaining portion in Sy No. 93SCHEDULS ''B1'' PROPERTY

(gone to the share of the first defendant--Sri N. Narasraju)

All that piece and parcel of he immovable property beading No. 18 in Sy.No. 93 of Bedarwhalli village Civil Station, Chinnappa Garden, 8th Cross, Bangalore, measuring East to West: 40'' and North to South: 22'' denoted by letters "abed" in the annexed sketch and bounded on the:

East by Remaining portion of same Sy No. 93 West by : Road North by : Remaining portion of same Sy No. 93 South by Schedule B2 property now given to the sham of 2nd defendant (Sri N. Narayanaswamy)SCHEDULE ''D1'' PROPERTY

(gone to the share of the first defendant--Sri N. Narasaraju)

All that piece and parcel of the immovable property beating No. 83/1 situated at Muniswarnappa Road Munireddy Patya, Jayachamarajendra Nagar, Bangalore, measuring East to West: 16'' and North to South: 30'' denoted by letters "cdef" in the annexed sketch and bunded on the:

East by : Conservancy West by : Property No. 83 North by : Schedule D2 property now given to the share of second defendant (Sri N. Narayanaswamy) South by : Private property including 3 x 44 passage behind the property No. 83SCHEDULE ''B2'' PROPERTY

(given io the share of the Second Defendant--Sri N. Narayanaswamy)

All that piece and parcel of the immovable property bearing No. 18 in Sy. No. 90 of Bednahallt village, Civil Station, Chinnappa Garden 8th Cross, Bangalore, measuring East to West: 40'' and North to South: 22'' denoted by letters "cdef" in the annexed sketch and bounded on the:

East by : Remaining portion of same Sy No. 93 West by : Road North by : Schedule B1 property now given to the share of D1-N. Narasaraju South by : Site No. L given to the share of plaintiffSCHEDULE ''D2'' PROPERTY

(gone to the share of the first defendant--Sri N. Narayanaswary)

All that piece and parcel of the immovable property bearing No. 83 situated at Muniswamappa Road, Munireddy Patya, Jaychamarajendra Nagar. Bangalore, measuring East to West 16'' and North to South: 30'' denoted by letters "abed" in the annexed sketch and bounded on the:

East by : Conservancy Wed by : Property No. 83/2 North by : Private property No. 82 South by : Schedule D1 property now given to the share of first defendant (N. Narasaraju) Therefore under the circumstances the parties to the above appeal pray that his Hon''ble Court be pleased to decree the suit of the plaintiff in terms of the compromise, in the interest of justice and equity.

The appellant and the respondents 1 & 2, who are present before the court admit the terms of compromise and its due execution.

The learned Counsel for the parties submit that the appeal may be disposed of in terms of the compromise.

According, the appeal is disposed of in terms of the compromise. The judgment and decree passed by the Trial Court in O.S. No. 1058/1996, stands modified in terms of the compromise, allotting shares in terms of the compromise.

Draw up the decree, in terms of the compromise.