M SHARADAMMA Vs. A V RAMAMURTHY

JUDGEMENT

(1.) Smt. Anusuya (respondent No.2 in RSA No.918/2014; respondent No.1 in RSA No.907/2014 and respondent No.5 in RSA No.917/2014) had filed a suit O.S.No.136/2006 for partition and separate possession of the suit schedule properties. She has claimed 1/3rd share in all the items of the suit schedule properties. Her family members so also subsequent purchasers have been arrayed as defendants in the suit.

(2.) Learned counsel for the appellants/ defendant Nos.1 to 5 and learned counsel for the original plaintiff submit that the matters have been settled between the parties insofar as item Nos.1 and 5 of the suit schedule properties. Learned counsel for the appellants further submits that item Nos.1 and 5 of the suit schedule properties or any share thereof has not been sold in favour of the subsequent purchasers (defendant Nos.6 to 8 in the suit). They have filed an application reporting the terms of settlement, which are as under:-

(3.) In view of the aforesaid settlement, learned counsel for the appellants has filed a memo seeking permission of this Court to withdraw all the appeals. The resultant position is that the decree of the First Appellate Court grating 1/4th share in the suit schedule properties in favour of the plaintiff Smt. Anasuya is sustained. The final decree proceedings pending before the trial court shall be continued except in respect of item Nos.1 and 5 of the suit schedule properties. These appeals are dismissed subject to the above terms and conditions. No costs.