S.D. FERNANDES SINCE DECEASED BY HIS LRS. AND OTHERS Vs. D.V. PADMANABHAIAH SINCE DECEASED BY HIS LRS. AND OTHERS

JUDGEMENT

(1.) THIS is a plaintiffs appeal questioning correctness and legality of the judgment and decree passed in O.S. No. 963/1982 by XXIV Additional City Civil Judge, Bangalore dated 31.07.2002 where under the suit filed by the appellants/plaintiffs for the relief of declaration and perpetual injunction has been dismissed.

(2.) LEARNED Advocates and their respective parties have filed a compromise petition under Order 23, Rule 3 Code of Civil Procedure where under it is reported that dispute between the parties has been amicably settled as per the terms and conditions enumerated in compromise petition and as such, they pray that decree of trial Court be substituted to that of the terms and conditions agreed upon or in other words, they pray for suit being decreed in terms of compromise petition.

(3.) IT is also submitted by learned counsel for respondents that during the pendency of present appeal, Deed of family partition came to be entered into amongst respondents where under suit schedule property has fallen to the share of third respondent Smt. Usha Padmanabhaiah and it is for this precise reason, General Power of Attorney came to be executed by other respondents who have already relinquished their right, title and interest relating to the suit schedule property in favour of third respondent - Smt. Usha Padmanabhaiah. Certified copy of Deed of family partition dated 23.01.2006 which is duly registered is appended to the compromise petition and perusal of the same would reflect that it is admitted by both parties in this appeal that suit schedule property is relatable to item No. 3 of the property as described in the deed of family partition dated 23.01.2006.