BYLAPPA AND ORS. Vs. MUTHAIAH AND ORS.

JUDGEMENT

(1.) This appeal is preferred by defendants 1, 2, 3 and 4 challenging the judgment and decree of the trial Court which has decreed the suit of the plaintiff for partition and separate possession granting 1/3rd share to the plaintiff and similarly 1/3rd share to the first defendant and to the legal representatives of defendants 5 to 8.

(2.) Today, the parties have filed a compromise petition under Order 23 Rule 3 CPC which is duly signed by all of them. Except Smt. Dhanalakshmi -appellant No. 2(c) all are present before the Court. However, Dhanalakshmi has duly signed the compromise petition, as she is in the hospital she is unable to come to the Court. Her Advocate Sri Prakash T. Hebbar admits execution of the compromise petition on behalf of her for which she has given due authorization. The terms of the compromise are explained to the parties who are present before the Court, all of them agree to the said terms and conditions, they admit due execution of the compromise petition.

(3.) We have also gone through the terms of the compromise petition. Under the compromise, properties mentioned in Schedule 'G' are excluded from partition on the ground the properties mentioned in the said schedule are alienated in favour of respondents 7, 8 and 9. In view of the compromise, all the parties affirm and acknowledge the aforesaid alienations and, therefore, none of the alienations are set aside. All the remaining properties are partitioned by metes and bounds as set out in the schedule to the compromise petition and in the compromise petition it is clearly mentioned those schedule items have fallen to whose share. Schedule 'A' to 'F' sets out the particulars of all the properties which are partitioned by metes and bounds. The compromise petition also recites that the parties according to the said Schedule have taken possession of the respective properties and they are in peaceful possession and enjoyment of the same. Under these circumstances, the appeal is allowed in terms of the compromise petition. The terms of the compromise petition and the Schedule are as under: -