ANJANA Vs. SANJAY @ CHANDRAKANT RAMU BELAVI

JUDGEMENT

(1.) There is a delay in preferring these appeals. As against the very same judgment and decree passed R.F.A. No. 4229 of 2013 is filed and is admitted. All the parties are before this Court. They have duly executed the compromise petition. They admit the execution of compromise. All these applications are not opposed. As the parties have compromised the matter is before this Court, therefore, the delay is condoned. The appeal is taken up for consideration. Appeal is admitted.

(2.) Today, the parties have filed an application under Order 23, Rule 3 of Civil Procedure Code, 1908 allotting the properties to which they are legally entitled to.

(3.) The plaintiff Sri Sanjay has filed a suit for partition and separate possession of his legitimate share in the plaint schedule property. The suit after contest was decreed. However, aggrieved by that portion of the judgment and decree which is against his interest, defendants preferred an appeal, which came to be dismissed and has attained finality. Thereafter, plaintiff filed FDP No. 1 of 2010 for partition and separation in terms of the preliminary decree. His mother also filed one more FDP No. 2 of 2010 for separation of their respective shares. The Trial Court appointed a Commissioner for effecting the partition. The Commissioner has submitted his report. Accepting the said report, the final decree Court has passed a final decree. Aggrieved by this judgment and decree, three appeals are filed. Now in all these appeals, a common application under Order 23, Rule 3 of C.P.C. is filed agreeing to allot the share as set down in the compromise petition. We have gone through the terms of the compromise petition. In the compromise petition, the parties have clearly set down what are the properties, which are allotted to the share of each of the party. It is also recited in the compromise petition that the possession is also handed over to the plaintiff and therefore they want an order to be passed in these appeals in terms of the compromise petition. All the parties are before this Court. They admit the execution of compromise petition. The parties and their Advocates have affixed their signatures. The compromise is lawful. Therefore, these appeals are allowed in terms of the compromise petition filed before this Court. The Court shall draw a final decree in terms of compromise petition. Parties to bear their own costs.