Karnataka High Court

Smt. Nagarathnamma vs Shri. Puttarajappa on 7 April, 2022

Bench: R. Nataraj

                             1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 7TH DAY OF APRIL, 2022

                         BEFORE

           THE HON'BLE MR.JUSTICE R. NATARAJ

             R.S.A. NO. 737 OF 2018 (INJ)

BETWEEN:

1.     SMT. NAGARATHNAMMA
       W/O LATE RUDRAMURTHY
       AGED ABOUT 53 YEARS

2.     SMT. SUREKHA
       W/O NAGESH
       AGED ABOUT 38 YEARS

3.     SHRI SURESH
       S/O LATE RUDRAMURTHY
       AGED ABOUT 36 YEARS

4.     SHRI SURENDRA
       S/O LATE RUDRAMURTHY
       AGED ABOUT 33 YEARS

       ALL ARE R/AT KARAHALLI VILLAGE
       KUNDANA HOBLI,
       DEVANAHALLI TALUK,
       BANGALORE RURAL DISTRICT.
                                           ...APPELLANTS

(BY SRI. K.R.NAGARAJA, ADVOCATE FOR
     SRI. VISWANATHA SETTY V., ADVOCATE)

AND:

1.     SHRI. PUTTARAJAPPA
       S/O NANDEESHAPPA
       AGED ABOUT 63 YEARS
                              2




2.     PILLAPPA
       SINCE DECEASED BY HIS LRs

2(a)   SRI MANJUNATH
       S/O LATE PILLAPPA @ RUDRAPPA
       AGED ABOUT 38 YEARS

2(b)   SRI. NEELAKANTA
       S/O LATE PILLAPPA @ RUDRAPPA
       AGED ABOUT 42 YEARS

2(c)   SRI. NAVEEN
       S/O LATE PILLAPPA @ RUDRAPPA
       AGED ABOUT 21 YEARS

       RESPONDENT NOs.2(a) TO 2(c) ARE
       R/AT KARAHALLI VILLAGE,
       KUNDANA HOBLI,
       DEVANAHALLI TALUK,
       BANGALORE RURAL DISTRICT.

3.     SMT. INDRAMMA
       W/O LATE NAGARAJA
       AGED ABOUT 51 YEARS

4.     SHRI RAVI KUMAR
       S/O LATE NAGARAJA
       AGED ABOUT 33 YEARS

5.     SRI. VISWANATHA
       S/O NANDEESHAPPA
       AGED ABOUT 56 YEARS

       RESPONDENTS NO. 1 TO 5 ARE
       R/AT KARAHALLI VILLAGE,
       KUNDANA HOBLI,
       DEVANAHALLI TALUK,
       BANGALORE RURAL DISTRICT.


6.     SHRI JAYARUDRAPPA
                               3




        S/O LATE SUBBARAYAPPA
        AGED ABOUT 53 YEARS,
        NEAR FORT STREET,
        VIJAYAPURA TOWN-562135.

7.      SRI. J. RAMESH
        S/O JAYARUDRAPPA
        AGED ABOUT 33 YEARS

8.      SRI. J. NAGARAJ
        S/O JAYARUDRAPPA
        AGED ABOUT 31 YEARS

        RESPONDENT NO.7 AND 8 ARE
        R/AT C/O CHANDRASHEKARAPPA
        KOTE BEEDI, VIJAYAPURA,
        DEVANAHALLI TALUK,
        BENGALURU RURAL DISTRICT-562135.
                                               ...RESPONDENTS

(BY SRI. S.D.N. PRASAD, ADVOCATE FOR RESPONDENT NOs.1,
2(a) TO 2(c), 3 TO 8)

        THIS R.S.A. IS FILED UNDER SECTION 100 OF CODE OF
CIVIL    PROCEDURE,   1908   AGAINST     THE   JUDGMENT   AND
DECREE DATED 01.03.2018 PASSED IN R.A.NO.15053/2015 ON
THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS
JUDGE,     DEVANAHALLI,      BENGALURU     RURAL    DISTRICT,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT
AND DECREE DATED 03.12.2015 PASSED IN OS.NO.292/2006
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC.,
DEVANAHALLI.


        THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                  4




                             JUDGMENT

This appeal is filed by the plaintiffs in O.S.

No.292/2006 challenging the concurrent finding of fact in

O.S. No.292/2006 and R.A. No.15053/2015, that the

plaintiffs are not entitled for any share in the suit schedule

properties.

2. The parties have settled the dispute and have

filed a compromise petition under Order XXIII Rule 3 of the

Code of Civil Procedure, 1908.

3. The office has raised an objection regarding

the discrepancy in the Schedule. The learned counsel for

appellants and respondents submit that since the parties

have identified the properties to which they are entitled to,

the Schedule does not match and differs from the Schedule

mentioned in the suit. The explanation offered by the

learned counsel for appellants and respondents is

accepted. Hence, the office objection raised regarding

discrepancy of the Schedule is over ruled.

4. The terms of the compromise petition which

are relevant for the purpose of this appeal are as follows :

"3. With the intervention of friends and well wishers, the parties have agreed to settle the lis between them. The suit in O.S.No.292/2006 was filed in respect of eleven properties which are described as SUIT SCHEDULE PROPERTIES in the following manner:

(a) In respect of schedule -I- Item No.1 of the suit schedule land bearing Sy.No.6/2 measuring 3 Acres 31 guntas situated at Karahalli, Devanahalli Taluk, Bengaluru Rural District, the Appellants/Plaintiffs have no claim whatsoever in respect of the said property. The said property has been divided amongst Respondent No.1 namely Sri.N.Puttarajappa, LRs. of Respondent No.2 i.e,. Sri.N.Pillappa @ N.Rudrappa, Respondent Nos.3 & 4 Smt.Indiramma W/o late.N.Nagaraj and Sri.N.Ravi Kumar S/o late N.Nagaraj and Sri.N.Vishwanath Defendant No.5 in O.S.No.292/2006 in equal ratio i.e. ¼th share each. The said property has been divided in the following manner:

(i) The share of Sri.N.Puttarajappa to an extent of 0 Acres 37.75 guntas of land in Sy.No.6/2 of Karahalli village and is bounded on:

East by:- N.Rudrappa/N.Pillappa's land, West by:- Sri A.Devaraj Land, North by:- Moola Farms and South by:- Sri.A.Devaraj Land

(ii) The share of Legal Representatives of Late Sri.N.Rudrappa @ N.Pillappa namely Sri.R.Neelakanta, Sri.R.Manjunath, Sri.R.Naveen Kumar to an extent of 0 Acres 37.75 guntas of land in Sy.No.6/2 of Karahalli village and is bounded on: -

  East by:-         Smt.Indramma
                    W/o late N.Nagaraj's land,
  West by:-         Sri.N.Puttararajappa's Land,
  North by:-        Moola Farms and
  South by:-        Sri.A.Devaraj's Land

(iii) The share of Legal Representatives of Late Sri.N.Nagaraj namely Smt.Indiramma and Sri.N.Ravi Kumar to an extent of 0 Acres 37.75 guntas of land in Sy.No.6/2 of Karehalli village and is bounded on:

East by:- Sri.N.Vishwanath's land, West by:- Sri.N.Rudrappa @ N.Pillappa's Land, North by:- Moola Farms and South by:- Sri.A.Devaraj's Land

(iv) The share of Sri.N.Vishwanatha the Defendant No.5 /Respondent No.5 to an extent of 0 Acres 37.75 guntas of land in Sy.No.6/2 of Karahalli village and is bounded on:

East by:-           Raja Kaluve,
West by:-           Smt.Indiramma S/o late
                    N.Nagaraj's Land,
North by: -         Moola Farms and





South by:-       Sri.A.Devaraj's Land

The plaintiffs/Appellants have no right, title and interest in respect of Item No.1 Schedule I of the suit schedule property and the same is the absolute property of the aforesaid persons.

(b) Item No.3 - Schedule II, land bearing Sy.No.110, measuring to an extent of 1 Acre 20 guntas situated at Karahalli Amanikere village, Devanahalli Taluk, Bengaluru Rural District belongs to Sri.N.Puttarajappa, Sri.N.Pillappa @ N.Rudrappa, Sri.N.Nagaraj and Sri.N.Vishwanath in equal share i.e. 0 Acres 15 guntas each the plaintiffs have no right, title and interest in respect of the said land.. The said property has been divided in the following manner:

(i) The share of Sri.N.Puttarajappa to an extent of 0 Acres 15 guntas of land in Sy.No.110 of Karehalli Amanikere village and is bounded on: -

  East by:-          N.Rudrappa/N.Pillappa's land,
  West by:-          Sri. N.Puttarajappa's Land,
  North by:-         Sri.Venkatashamappa's         land
                     and
  South by:-         Neeraganti's land

(ii) The share of Legal Representatives of Late Sri.N.Rudrappa @ N.Pillappa namely Sri.R.Neelakanta, Sri.R.Manjunath, Sri.R.Naveen

Kumar to an extent of 0 Acres 15 guntas of land in Sy.No.110 of Karahalli Amanikere village and is bounded on: -

   East by:-        Smt.Indramma      W/o     late
                    N.Nagaraj's land,
   West by:-        Sri.N.Puttararajappa's Land,
   North by:        Sri.Venkataswamappa's land
                    and
   South by:-       Neeraganti's Land

(iii) The share of Legal Representatives of Late Sri. N.Nagaraj namely Smt.Indiramma and Sri.N.Ravi Kumar to an extent of o Acres 15 guntas of land in Sy.No.110 of Karehalli Amanikere village and is bounded on: -

East by:- Sri.N.Vishwanath's land, West by:- Sri.N.Rudrappa @ N.Pillappa's Land, North by:- Sri.Venkataswamappa's land and South by: - Neeraganti's Land

(iv) The share of Sri.N.Vishwanatha - the Defendant No.5 to an extent of 0 Acres 15 guntas of land in Sy.No.110 of Karahalli Amanikere village and is bounded on: -

  East by:-      Raja Kaluve,
  West by:-      Smt.Indiramma S/o late
                 N.Nagaraj's Land,
  North by:-     Sri.Venkataswamappa's land





                   and
  South by:-       Neeraganti's land

The plaintiffs/Appellants have no right, title and interest in respect of Item No.3 - Schedule II, of the suit schedule property and the said property is the absolute property of the aforesaid persons.

(c) Item No.4 - Schedule II - Land bearing Sy.No.111, measuring to an extent of 1 Acre 6 guntas situated at Karahalli Amanikere village, Devanahalli Taluk, Bengaluru Rural District, exclusively belongs to Sri. N.Puttarajappa Defendant No.2/Respondent No.1. The said property is bounded as follows: -

  East by:-        Land bearing Sy.No.110,
  West by:-        land belonging to Chikkolli
                   Byanna,
  North by:-       land belonging to
                   Sri.Venkataswamappa and
  South by:-       land belonging to Sri.Lakshme
                   Gowda


      The       Plaintiffs/Appellants     and      remaining

Defendants/Respondents have no right, title and interest in respect of the said land.

(d) Item No.5 - Schedule - 11- Property bearing Janjar No.231, property bearing No.231/A, measuring to an extent of East to West: -15 feet and North to South: 44 feet situated at Karahalli village.

Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and bounded on:


 East by: -       House of Sri. N.Pillappa
                  @N.Rudrappa,
 West by:-        Road and house of
                  Smt.Janakamma,
 North by:        House of Sri.Munibyrappa and
 South by:        Road.

The above property exclusively belongs to Sri.N.Puttarajappa the Defendant No.2/Respondent No.1 and the plaintiffs/Appellants and the remaining Respondents/Defendants have no right, title and interest in respect of the said property.

(e) Item No.6 - Schedule - II: Property bearing Janjar No.231. property bearing No.231/B, measuring to an extent of East to West: - 15 feet and North to South: 44 feet situated at Karahalli village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and bounded on: -

   East by:-        House of Smt.Indiramma,
   West by:-        House of Sri.
                    N.Puttarajappa,
   North by:-       House of Sri.Munibyrappa
                    and
   South by:-       Road.

The above property exclusively belongs to Sri. [email protected] N.Pillappa the Defendant

No.3/Respondent No.2 and the plaintiffs/Appellants and the remaining Respondents/Defendants have no right, title and interest in respect of the said property.

(f) Item No.7- Schedule II: Property bearing Janjar No.231, property bearing No.231/C, measuring to an extent of East to West: 21 feet and North to South: 44 feet situated at Karahalli village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and bounded on:

East by:- House of Sri.N.Vishwanath, West by: House of Sri. N.Rudrappa, North by:- Property of Smt.Indiramma and South by: Tailor Narayana Rao's property and Road.

The above property exclusively belongs to Smt.Indiramma / Sri.N.Ravi Kumar- the Defendant No.4(a) & 4(b)/Respondent No.3 & 4 and the plaintiffs/Appellants and the remaining Respondents/Defendants have no right, title and interest in respect of the said property.

(9) Item No.8-A Schedule - II (The said property bearing Khaneshumari No.232, JanjaruNo.232 is a large extent measuring to an extent of East to West:- 63 feet and North to South: 51 feet and the said property has been

divided as under): Property bearing Janjar No.232, property bearing No.232/A, measuring to an extent of East to West: 23 feet and North to South: 25 feet situated at Karahalli village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and bounded on: -

East by:- House of Smt.Nagarathnamma's property, West by: Vacant site of Smt.Indiramma, North by:- House of Smt.Indiramma & Sri.Ravi Kumar and South by:- House of Sri. N.Vishwanath..

The above property exclusively belongs to Sri. N.Vishwanth- the Defendant No.5 and the plaintiffs/Appellants and the remaining Respondents/Defendants have no right, title and interest in respect of the said property.

(h) Item No.8-B Schedule - II: Property bearing Janjar No.232, property bearing No.232/B, measuring to an extent of East to West:- 18 feet and North to South: 26 feet situated at Karahalli village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and bounded on:

  East by:        House of Smt.Nagarathnamma's
                  property,
  West by:        House of Smt.Indiramma,
  North by:       House of Sri.Munibyrappa and
  South by:       House of Sri. N.Vishwanath.

The above property exclusively belongs to Smt.Indiramma & Sri. Ravi Kumar- the Defendant. No.4(a) & 4(b)/Respondents No.3 & 4 and the plaintiffs/Appellants and the remaining Respondents/Defendants have no right, title and interest in respect of the said property.

(b) Item No.9 - Schedule II: Property bearing Khaneshumari No.234-Janjar No.234, measuring to an extent of East to West: -7 feet and North to South: 11 feet, situated at Karahalli village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and bounded as follows:

East by:- Property of Smt.Indiramma, West by:- Property of Sri.N.Puttarajappa, North by: House of Sri.Munibyrappa and South by: Property of Smt.Indiramma

The above property exclusively belongs to Smt.Indiramma & her son Sri.N.Ravi Kumar the Defendant Nos.4(a) & 4(b)/Respondent No.3 & 4. The Plaintiffs/Appellants and the remaining Respondents have no right, title and interest in respect of the said property.

(c) Item No.10: Schedule II: Property bearing Khaneshumari No.239, Janjar No.239, measuring to an extent of East to West: - 12 feet and North to South: 27 feet and situated at Karahalli

village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and bounded on:

 East by:        House of Smt.Nagarathnamma,
 West by:        House of Sri.N.Ramabasappa,
 North by:       Property of Sri.N.Vishwanath and
 South by:       Road

The above property exclusively belongs to Sri.N.Vishwanath, the Defendant No.5 and the Plaintiffs/Appellants and the remaining Respondents have no right, title and interest in respect of the said property.

The respondent No.6 S.Jayarudrappa has already sold the land bearing Sy.No.111 measuring 1 acre 6 guntas, situated at Karalli Amanikere village in favour of N.Puttarajappa, the respondent No.1 in the above case and hence the said S.Jayarudrappa and his sons are not entitled for any share in the survey number properties of the suit schedule properties and also in the land bearing Sy.No.109 measuring 23 guntas allotted to the share of the appellants - Smt.Nagarathnamma, Suresh, who is also called as K.R.Suresh Kumar, Sri Surendra, who is also called as K.R.Surendra Kumar and Smt.Surekha, who is called as R.Surekha.

The respondents admits and declares that the appellants shall enjoy the properties allotted to their share under this compromise petition as absolute

owners thereof having all right, title, interest and possession over the same, Similarly the appellants admits and declares that, the respondents shall enjoy the property allotted to their share under this compromise petition as absolute owners thereof having rights, title, interest and possession over the same.

The respondents and the appellants further hereby declares that in pursuance of this compromise petition, the appellants and the respondents are put in exclusive possession of the properties allotted to their share and they are entitled to enjoy the same according to their convenience by getting transfer of all the revenue records in their favour.

The respondent No.6 to 8 hereby declares that they have duly acknowledged the receipt of the amount of Rs.10,00,000/- (Rupees Ten lakhs only) as stated above and have given up all their right, title interest and joint possession to the extent of their half of the share in respect of item No.2 and 3 of the properties allotted to the share of the appellants under this compromise petition and further declares that Item No.1 of the property bearing Sy.No.109 measuring 23 guntas is the property exclusively allotted to the share of the appellants.

All the respondents hereby declares that they have no any manner of right title, interest of any claim over the properties allotted to the appellants, Similarly the appellants admits and declares that, the respondents shall enjoy the property allotted to their share under this compromise petition as absolute owners thereof having rights, title, interest and possession over the same.

(04) Apart from the parties herein.

Smt.Shivamma is also a member of Joint Family and she is the sister of Sri. N.Puttarajappa, Sri. N.Pillappa @N.Rudrappa, Sri.N.Nagaraja and Sri.N.Vishwanath. All of them have agreed to pay a sum of Rs.2,00,000/- (Rs. Two Lakhs) only to Smt.Shivamma and she has also signed this compromise petition and declares that she has no right, title and interest in respect of any of the items of the suit schedule properties.

(05) The children of Sri.S.Jayarudrappa namely Sri.J.Ramesh, Aged about 33 years and Sri.J.Nagaraj, Aged about 31 years, have also signed this compromise petition and declare that they would not question the present compromise and further declare that they will not seek any right, title and interest in respect of any of the suit schedule properties and they would not seek for re-calling or re opening the present compromise petition and the

compromise entered into by their father Sri.S.Jayarudrappa is binding on them.

(06) Apart from the suit schedule properties, [email protected] N.Rudrappa, the Defendant No.3/Respondent No.2 had purchased the property bearing Khaneshumari No.40, Present Property bearing No.230, situated at Karahalli village, Kundana Hobli, Devanahalli Taluk, measuring to an extent of East to West: 32 feet and North to South: 15 feet and bounded on: East by: Property of Smt.Indiramma, West by: Property of Smt.Janakamma, North by: - Property of Sri.Munibyrappa and South by: Property of Sri.N.Puttarajappa by virtue of a registered sale deed dated 20-01 1981 vide Book No.1, volume No.1259, at Pages 244 to 246 and Registered as Document No.1678/1980-81, registered in the Office of the Sub Registrar, Devanahalli, from one Sri.Shamanna and thereafter, Sri. N.Pillappa @ N.Rudrappa has conveyed the said property in favour of Sri.N.Puttarajappa. The said property shall be the absolute property of Sri. N.Puttarajappa. Sri. N.Pillappa @ N.Rudrappa's children namely Sri.R.Neelakanta, Sri.R.Manjunath and Sri.R.Naveen Kumar hereby declare that the said property shall be the absolute property of Sri. N.Puttarajappa and they have no right, title, interest or claim in respect of

the said property and have signed this compromise petition in token of the said declaration.

(07) The parties declare that the present compromise petition is in their best interest and the same will put the lis amongst them to rest. They would not seek for re-calling or re-opening of the present compromise petition and the same is final and binding not only on the parties herein but also binds their legal representatives and successors-in- interest.

THE PROPERTIES ALLOTTED TO THE SHARE OF THE APPELLANTS ARE AS FOLLOWS:

I)(a) Schedule - II - Item No.2 - land in Sy.No.109 measuring to an extent of 0 Acres 23 guntas, situated at Karahalli Village, Devanahalli Taluk, Bengaluru Rural District allotted to in favour of the Appellants/Plaintiffs and the Respondents/Defendants have no right, title and interest in respect of the said land. The said land is bounded as follows:

  East by:       Sri. Ramabasappa' land
  West by:       Sri.Keshava Murthy's land
  North by:      Sri.   Venkataswamappa's    land
                 and
  South by:      Sri. Muthoor Govindappa's land.





II     Item No.8-C- Schedule- II: Property bearing

Khaneshumari No.232, Janjaru No.232, Property bearing No. 232/C, measuring to an extent of East to West - 43 ft. and North to South - 42 ft. out of total extent of 63 x 51 ft. situated at Karahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and bounded on:

 East by:       Road,
 West by:       Property of Sri. N. Vishwanth &
                Smt. Indiramma.
 North by:      House of Tailor Narayana Rao and
 South by:      House of Smt. Nagarathnamma.

The above property exclusively allotted to Smt. Nagarathnamma and her children -

Plaintiffs/Appellants No.2 to 4 and Sri. S.Jayarudrappa, the Defendant No.6/Respondent NO.6 and the Respondents No. 1 to 5 and Defendants No.1 to 5 have no right, title and interest in respect of the said property.

Sri. S.Jayarudrappa, the Defendant No.6/Respondent NO.6 and his sons namely Sri.J. Ramesh Aged about 33 years, Sri. J. Nagaraj. Aged about 31 years, the respondents No. 7 and 8 have given-up their right, title and interest and so in respect of their half share in the aforesaid property in favour of the plaintiffs/appellants by receiving a sum of

Rs.5,00,000/- (Rupees Five Lakhs only) in the following manner:

i) A sum of Rs.5,00,000/- (Rupes Five Lakhs) by way of cheque bearing No.001890 Date 25.02.2022 drawn on Union Bank, Karahalli Branch, Bengaluru Rural District, drawn in favour of Sri. S. Jayarudrappa, the respondent No.6 with consent of his two sons, the respondents No. 7 and 8-the respondents No. 6 to 8 have duly acknowledged the receipt of the said amount appellants before the court.

III. Item No.11- Schedule -II - Property bearing Khaneshumari No.240, Janjar No.240, measuring to an extent of East to West - 36 ft. and North to South

- 33 ft. inclusive of 4 Square house situated at Karahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District and bounded on:

East by:     Road
West by:     House of Sri. Vishwanath.
North by:    Property of Smt. Nagarathnamma and
South by:    Road.

The above property exclusively belongs to Smt. Nagarathnamma and her children -

Plaintiffs/Appellants and Sri. S. Jayarudrappa, the Defendant No.6/Respondent no.5. The Respondents 1 to 4 and Defendants No. 1 to 5 shall have no

right, title and interest in respect of the said property.

Sri.S.Jayarudrappa, the Defendant No.6/Respondent No.6 and his sons namely Sri. J. Ramesh, aged about 33 years, and Sri. J.Nagarj,

have given up their joint right, title and interest of their half share in respect of the aforesaid property in favour of the plaintiffs/Appellants and by receiving a sum of Rs.5,00,000/- (Rs.Five Lakhs) in the following manner:

i) A sum of Rs.5,00,000/- (Rupees Five Lakhs) by way of cheque bearing No.019055 Date 25.02.2022 drawn on M/s. Union Bank. Chamarajpet Branch, Bengaluru drawn in favour of Sri. Jayarudrappa with the consent of his two sons 1) J. Ramesh- aged about 33 years, and 2) J. Nagaraj, aged about 31 years the respondent No. 7 and 8, the respondent No. 6 to 8 have duly acknowledged the receipt of the said amount from the appellant before the court.

(08) The present compromise petition has been entered into out of their free will and volition and there is no undue influence, pressure, etc., from any quarters. Hence, the present compromise petition be

recorded and final decree in terms of the present compromise petition be ordered to be drawn up.

(09) The contents of the above compromise petition have been readover to the parties, explained to them in the vernacular language known to them and on being satisfied about the contents have signed the present compromise petition.

WHEREFORE, the parties respectfully pray that this Hon'ble Court be pleased to record the present compromise petition and order to draw up the final decree in terms of the above compromise petition in the interest of justice and equity."

5. It is seen that by virtue of the compromise the

appellants are allotted some share in the suit properties

and the respondents are also allotted some share. The

non-party Smt. Shivamma, who is the sister of defendant

No.2 is present in person and she admits that she has no

objection to allot the properties as shown in the

compromise. When queried, whether she is interested to

take any share in the suit properties, she categorically

submitted that she is not interested to claim any share in

the suit properties. Since the compromise is just and fair,

the same is accepted. The parties are present in person

and are identified by their respective counsel. They have