CHANNABASAVAIAH Vs. SHIVAMMA

JUDGEMENT

(1.) This petition by the defendant in O.S.No.529/2022 on the file of the Civil Judge and JMFC, Mandya, is directed against the impugned order dtd. 13/8/2022 passed in O.S.No.529/2022 whereby the said suit was disposed of in terms of Joint Memo / Compromise Petition filed by the parties.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) The material on record discloses that the petitioner is the son of late Lingaiah and Smt. Ningamma, who had one more son late Shivalingaiah, who expired leaving behind his wife and children i.e., the respondents herein as his heirs and legal representatives. The respondents - plaintiffs instituted the aforesaid suit against the petitioner - defendant for partition and separate possession of their alleged 1/2 share in the suit schedule properties and the matter was posted before the Trial Court on 1/8/2022. On that day, a Joint Memo / Compromise Petition which was duly signed by the petitioner and respondents as well as their respective counsel was filed before the Court which noted the presence of the parties, explained the terms of settlement / compromise to the parties, verified their identity and adjourned the matter to 13/8/2022, on which day the parties and their respective counsel appeared before the National Lok Adalath and accepted the terms and conditions of the settlement / compromise entered into between them. Accordingly, the Lok Adalath proceeded to record the compromise and passed the award in terms thereof and the suit was also accordingly disposed of. Aggrieved by impugned award passed by the Lok Adalath, petitioner is before this Court by way of the present petition.