IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL No.979 OF 2017 BETWEEN Smt. Shanthakumari M., W/o. Mallaiah, D/o. Munivenkatappa, Aged about 34 years, R/at Tagachaguppe Village, Kumbalagudu, Kengeri Hobli, Bengaluru South Taluk, Bengaluru District.
(By Sri. S.Nagaraja, Advocate) AND 1. Kum. Sangeetha M., D/o. Munivenkatappa, Aged about 33 years, 2. Kum. Soumya, D/o. Munivenkatappa, Aged about 38 years, 3. Sri. Rajanna, S/o. Munivenkatappa, Aged about 26 years, The respondents No.1 to 3 are R/at Doddakalasandra Village, Kanakapura Road, …Appellant Ganeshanabeedhi Road, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru-560 062.
4. Smt. Nagamma, W/o. Munivenkatappa, Aged about 48 years, R/at Tagachaguppe Village, Kumbalagudu, Kengeri Hobli, Bengaluru South Taluk, Bengaluru District-560 060.
5. Sri. T.Munivenkatappa, S/o. Late M.Thimmaiah, Aged about 55 years, R/at. Doddakalasandra Village, Kanakapura Road, Ganeshanabeedhi Road, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru District-560 062.
…Respondents (By Sri. Anand R. Beerannavar, Advocate, for R1 to R3, Sri. J.M.Vijaykumar, Advocate, for R4, Sri. D.Hemanthkumar, Advocate, for R5.) This RFA is filed under Section 96 of CPC against the judgment and decree dated 27.02.2017 passed in O.S.No.4239/2010 on the file of the XV Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit for partition and separate possession.
This RFA coming on for admission this day, the court made the following:
ORDERS ON COMPROMISE PETITION The appellant and respondents are present before the court with their respective advocates. They present a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure. The contents of this compromise petition are read over and explained to the parties in Kannada language. All the parties submit that they have entered into this compromise voluntarily without any kind of force or compulsion and they have put their signatures voluntarily.
2. According to this compromise, appellant takes ‘A’ schedule property, respondents 1 to 3 take ‘B’ schedule property and respondent 5 takes ‘C’ schedule property. Respondent No. 5 has agreed to pay alimony of Rs.4,50,000/- to respondent No.4 and today respondent No.5 pays this amount to respondent No.4 by way of DD bearing No. 662536 drawn on Kaveri Grameena Bank. Respondent No.4 acknowledges receipt of DD for a sum of Rs.4,50,000/-. The share allotted to each party is described separately in Schedule ‘A’, ‘B’ and ‘C’ with boundaries. Since the terms of the compromise are lawful, the compromise is accepted. Draw final decree in accordance with the compromise petition.
Sd/- JUDGE ckl