SHAMBHU MADA HEGDE Vs. RAMA ISHWAR HEGDE

JUDGEMENT

(1.) The principal question that arises for decision in this revision petition is whether the court which passed a preliminary decree in a suit for partition of properties including lands assessed to revenue, has competence and duty to take into account any compromise between the parties subsequent to such preliminary decree, and to pass a fresh decree in accordance with such compromise.

(2.) The respondent herein was the original defendant in O. S. No. 186 of 1925, a suit for partition, on the file of the Civil Judge, Junior Division, Hon-navar. A preliminary decree was passed in that suit. He made an application which was styled as a Darkhast application, praying that he might be given possession of a half share in the suit lands assessed to revenue and of 3/8th share in the timber and other materials out of the demolished suit house. The petitioner herein filed objections to that application, pleading, inter alia, that subsequent to the preliminary decree, a compromise was entered into between the parties, under which each was given certain lands and gave up his rights in other lands, and that in view of the compromise, the application was not maintainable.

(3.) The Civil Judge. (Junior Division) overruled the petitioner's objections, appointed a Commissioner for apportioning the respondent's 3/8th share in the building materials, and directed that the decree should be sent to the Collector for effecting the partition of lands assessed to revenue,