DODDAMUNIYAPPA(DEAD) Vs. MUNISWAMY

JUDGEMENT

(1.) The present appeal arises out of the suit filed at the instance of respondent nos. 1 to 6 and respondent no. 10 for declaration that the compromise dated 25 th March, 1976 entered into between the appellant(defendant no. 1) on one hand and respondent nos. 7, 8 and 9(original defendant nos. 2, 3 and 4) in Execution Appeal No. 2 of 1974 did not bind the rights of the plaintiffs and for permanent injunction which was acceded to by the High Court in Regular First Appeal No. 611 of 1999 vide judgment and decree dated 31st March, 2005.

(2.) The facts in brief culled out and relevant for the present purpose which manifest from the record that Shri Chikkanna (since deceased) was the propositus of the joint family. He had three sons, namely, Pillappa, Venkataramanappa and Muniyappa (respondent nos. 7, 8 and 9). Respondent nos. 1 to 4 and respondent no. 10 are the sons of Pillappa (defendant no. 2) and respondent nos. 5 and 6 are the sons of Shri Venkataramanappa (defendant no. 3).

(3.) The above named propositus of the joint family Chikkanna purchased the suit schedule property from his sister Thayamma. The genealogy of the family of the respondents (plaintiffs) is as under: ­ <IMG>JUDGEMENT_5_LAWS(SC)7_2019.jpg</IMG>