JUDGMENT : ASHOK S.KINAGI, J. Appellant No.5(b) and power-of-attorney holder of appellant Nos.5(a) and 5(c) to 5(g) are present and respondent No.2 and power-of-attorney holder of respondent Nos.3 to 5 are present, and they are identified by their respective counsel. 2. Appellant No.5(b) filed the general power-of- attorney, which discloses that appellant Nos.5(a), 5(c) to (g) executed a power-of-attorney in favour of appellant No.5(b) to enter into compromise. Similarly, respondent No.2 produced the general power-of-attorney executed by respondent Nos.3 to 5, which discloses that they have authorized respondent No.2 to enter into compromise. 3. Pursuant to the general power-of-attorneys executed by respondent Nos.5(a) and 5(c) to (g) and respondent Nos.3 to 5, appellant No.5(a) and respondent No.2 have jointly filed a memorandum of compromise petition, which reads as follows: “1. The Plaintiffs in O.S. No. 1/2001 filed the said suit in the Court of the Sr. Civil Judge at Sagar seeking for a decree for partition and separate possession of their shares in the assets of deceased Sabjan Sab in accordance with the last Will dated: 21-11-2000 (Exhibit D-2). In the said suit, the Plaintiffs sought for a partition and separate possession of their share in the assets of the deceased Sabjan Sab in accordance with the Will dated: 21-11-2000 of the Testator late Sabjan Sab. The suit schedule properties consisted of amount kept in fixed deposits and Savings Bank Account in the State Bank of Mysore, Sagar and fixed deposit amount in Ganapathi Urban Co-operative Bank at Sagar Gangaparameshwari Road in Sagar Town. and also open site situated at Gangaparameshwari Road in Sagar Town. 2. It is submitted that Defendant Nos.1 to 3 in O.S. No. 1/2001 on the file of the Senior Civil Judge at Sagar along with some others filed O.S.No. 6/2006 on the file of the Senior Civil Judge at Sagar seeking for a decree for partition and separate possession of their shares in respect of the assets of the deceased Sabjan Sab as per Will dated: 17-11-2000 (Exhibit P-5) and Will dated:21-11-2000 (Exhibit P-6). 3. It is submitted that since common questions of law and facts were involved in both the suits, O.S. No. 1/2001 and O.S. No. 6/2006 were clubbed and tried together and common evidence was recorded. The Trial Court by its Judgment and Decree dated: 30-06-2010 decreed O.S. No. 6/2006 and dismissed 0.S. No. 1/2001. 3. It is submitted that since common questions of law and facts were involved in both the suits, O.S. No. 1/2001 and O.S. No. 6/2006 were clubbed and tried together and common evidence was recorded. The Trial Court by its Judgment and Decree dated: 30-06-2010 decreed O.S. No. 6/2006 and dismissed 0.S. No. 1/2001. Against the Judgment and decree dated 30-06-2010 in 0.S. No. 1/2001, the Plaintiffs in the said suit filed RA No.162/2010 before the 1 st Appellate Court. Whereas, against the Judgment and Decree dated: 30-06-2010 in 0.5. 6/2006, some of the defendants filed RA. No. 183/2010 before the 1 st Appellate Court. The 1 Appellate Court by its common Judgment dated: 04-03-2013 has dismissed both the appeals. 4 The Appellants being aggrieved by the Judgment and Decree dated: 04-03-2013 in R.A. No. 182/2010 confirming the Judgment and Decree dated: 30-06- 2010 in O.S. No. 1/2001 have filed R.S.A No. 844/2013. Further, the Appellants being aggrieved by the Judgment and Decree dated: 04-03-2013 in R.A. No. 183/2010 confirming the Judgment and Decree dated: 30-06-2010 in O.S. No. 6/2006 have filed R.S.A No. 845/2013. 5. It is submitted that at the time of execution of the said Wills, Le. Will dated: 17-11-2000 (Exhibit P-5), Will dated:21-11-2000 (Exhibit P-6) and the Will dated:21-11-2000 (Exhibit D-2), the Testator was seriously ill and was not in a sound state of mind and he died on 22-11-2000. There are suspicious circumstances surrounding the execution of the said three Wills. Further, the Will dated: 17-11-2000 (Exhibit P-5), Will dated:21-11-2000 (Exhibit P-6) and the Will dated:21-11-2000 (Exhibit D-2) are not proved in accordance with law. The attesting Witness PW-2 in his evidence has stated that he signed the Will first and thereafter, the Testator signed the Will. In addition to that, the Testator being a Mohammedan cannot by Will dispose of more than one third of the surplus of his estate and as such, the Testator had no power to execute the said Wills in excess of 1/3rd. In these circumstances, all the three Wills, i.e. Exhibit P-5, Exhibit P-6 and Exhibit D-2 are not valid and genuine in the eye of law. 6. It is submitted that the Respondent Nos. 6 to 17 have remained absent in the above appeal in spite of due service of notice on them. It is further submitted that the Appellant Nos. In these circumstances, all the three Wills, i.e. Exhibit P-5, Exhibit P-6 and Exhibit D-2 are not valid and genuine in the eye of law. 6. It is submitted that the Respondent Nos. 6 to 17 have remained absent in the above appeal in spite of due service of notice on them. It is further submitted that the Appellant Nos. 1 to 4 and Respondent Nos.6 to 17 are the beneficiaries under the Will dated:17- 11-2000 (Exhibit P-5), Will dated: 21-11-2000 (Exhibit P-6) and Will dated:21-11-2000 (Exhibit D- 2) alleged to have been executed by late Sabjan Sab. As such, the beneficiaries under the said Wills are not necessary parties to the compromise petition. It is only the Appellant Nos.5(a) to (g) and Respondent Nos. 2 to 5 who are the legal representatives of the brothers of late Sabjan Sab who are entitled to succeed to the estate of the deceased Sabjan Sab. As such, the Appellant Nos.5(a) to (g) and Respondent Nos. 2 to 5 are entitled to enter into a compromise. 7. It is submitted that the R.S.A. No. 844/2013 and R.S.A. No. 845/2013 were heard by this Hon'ble Court for quite a considerable time and thereafter on 28-11-2025 a submission was made jointly by the Counsel appearing for both the parties that they would explore the possibility of settlement between the parties and therefore the matters were adjourned. Ultimately the parties on the advice of the elders and well wishers have amicably settled the dispute among themselves. 8. The following are the suit schedule properties in O.S. No. 6/2006: SCHEDULE-A 1. The sum of Rs. 3,00,000-00 (Rupees Three Lakhs Only) deposited in term deposit receipt No. i.e. Deposit Bond No. CNC TDR 98/241860 dated: 02-08- 2000 at State Bank of Mysore, Sagar Branch, Sagar which matured on 15-08-2003. 2. The sum of Rs.75,000-00 (Rupees Seventy Five Thousand Only) deposited in share Gajanana cash Certificate No. 801 at Sagara Shree Ganapathi Urban Co-operative Bank Ltd., Sagar. 3. The sum of Rs.1,00,000-00 (Rupees One lakh Only) deposited in term deposit receipt No. i.e., Deposit No. CSP/TDR 98241859 dated: 28-02-20000 at State Bank of Mysore, Sagar. SCHEDULE-B Vacant House Site measuring 29' x 25' situate in Ward No. 18, Gangaparameshwari road, Sagar Town, present Khatha No. 68/64/1 Assessment No. 64/1, Old Nos. 133/134/5:125/5. 9. 3. The sum of Rs.1,00,000-00 (Rupees One lakh Only) deposited in term deposit receipt No. i.e., Deposit No. CSP/TDR 98241859 dated: 28-02-20000 at State Bank of Mysore, Sagar. SCHEDULE-B Vacant House Site measuring 29' x 25' situate in Ward No. 18, Gangaparameshwari road, Sagar Town, present Khatha No. 68/64/1 Assessment No. 64/1, Old Nos. 133/134/5:125/5. 9. It is submitted that having regard to the facts narrated above and in order to avoid any future litigation between the parties, the parties to the above joint compromise petition have entered into the compromise on the following terms: (1) It is agreed between the parties that the Appellant Nos. 5(a) to (g) together on the one part and the Respondent Nos. 2 to 5 together on the other part shall share the suit schedule properties left by late Sabjan Sab in equal shares. (1) The Appellant Nos. 5(a) to (g) together are entitled to receive half of the amounts in deposit along with up to date accrued interest on the said deposits shown in Schedule -A. Similarly, the Respondent Nos. 2 to 5 together are entitled to receive the remaining half of the amounts in deposit along with up to date accrued interest on the said deposits shown in Schedule -A. (iii) The amount payable to the Appellant Nos. 5(a) to (g) together shall be paid to the Appellant No. 5(a) who is the mother of Appellant Nos. 5(b) to (g). Similarly, the amount payable to Respondent Nos. 2 to 5 together shall be paid to the Respondent Nos. 3 to 5 in equal shares towards their respective shares and the Respondent Nos. 3 to 5 will not claim any share in Schedule -B property. (iv) Schedule -B property is a vacant House Site bearing Khatha No. 68/64/1, Assessment No. 64/1, Old Nos. 133/134/5:125/5 measuring North to South:25 Feet and East to West:29 Feet, situated in Ward No. 18, Gangaparameshwari Road, Sagar Town, Shivamogga District. This Property is divided into two parts each measuring North to South: 12 1/2 Feet and East to West: 29 Feet. The northern half portion measuring North to South: 12 1/2 Feet and East to West: 29 Feet is allotted to the share of Appellant Nos. 5(a) to (g) and it is agreed by the Appellant Nos. This Property is divided into two parts each measuring North to South: 12 1/2 Feet and East to West: 29 Feet. The northern half portion measuring North to South: 12 1/2 Feet and East to West: 29 Feet is allotted to the share of Appellant Nos. 5(a) to (g) and it is agreed by the Appellant Nos. 5(b) to (g) that the said property shall be given to Appellant No. 5(a) exclusively who is the mother of Appellant Nos. 5(b) to (g). Further, the southern half portion measuring North to South: 12 1/2 Feet and East to West: 29 Feet is allotted to the share of Respondent 2 exclusively towards his share. The description of the properties allotted to the shares of Appellant Nos. 5(a) to (g) together and to the Respondent No. 2 are more fully described in the Schedule - C and D hereunder. A hand sketch of the Schedule -B property is enclosed herewith. In the hand sketch, the portion marked in Red colour is the property allotted to the share of Appellant Nos. 5(a) to (g) and the portion marked yellow colour is the property allotted to the share of Respondent No. 2. The Respondent No. 2 has agreed that he will not claim any share in Schedule -A. SCHEDULE-C [Property allotted to the share of Appellant Nos. 5(a) to 5(g) given to Appellant No. 5(a)] Northern half portion of Vacant House Site measuring 29 Feet x 12 ½ Feet situated in Ward No. 18, Gangaparameshwari Road, Sagar Town, present Khatha No. 68/64/1 Assessment No.64/1,Old Nos. 133/134/5:125/5 bounded as follows: On the North by : Site belonging to Masuda On the South by : Remaining half portion allotted to the share of Respondent No. 2. On the East by : C.M.C. Road On the West by : Vacant Site of Mohammed Hussain SCHEDULE-D [Property allotted to the share of Respondent Nos. 2 to 5 given to Respondent No. 2] Southern half portion of Vacant House Site measuring 29 Feet x 12 1½ Feet situated in Ward No. 18, Gangaparameshwari Road, Sagar Town, present Khatha No. 68/64/1 Assessment No.64/1, Old Nos. 2 to 5 given to Respondent No. 2] Southern half portion of Vacant House Site measuring 29 Feet x 12 1½ Feet situated in Ward No. 18, Gangaparameshwari Road, Sagar Town, present Khatha No. 68/64/1 Assessment No.64/1, Old Nos. 133/134/5:125/5 bounded as follows: On the North by : Remaining half portion allotted to the share of Appellant 5(a) to 5(g) given to Appellant No. 5(a) On the South by : Property belonging to Raju, Devi Tailor On the East by : C.M.C. Road On the West by : Vacant Site of Mohammed Hussain (v) In the event, the Respondent No. 2 intends to sell the portion of Schedule-B Property allotted to his share in future, first option must be given to the Appellant Nos. 5(a) to (g) to purchase the same. Similarly, in case the Appellant Nos. 5(a) to (g) intend to sell the portion of Schedule-B Property allotted to their share in future, first option must be given to the Respondent. No. 2 to purchase the same. Before selling the same, one month's prior notice shall be given by the seller to the other notifying the price for which he or they intend to sell the property. In case, the offer so made to purchase the property is not responded by the other side within one month, the seller is at liberty to sell the property to any third party for a price which is not less the price which is quoted by him. (vi) It is agreed between the parties that apart from the Schedule-A, if any amount is found to be in deposit in the name of Sabjan Sab in any Bank/s, Co-operative Banks or Financial Institutions, the same shall be shared equally by the Appellant. Nos. 5(a) to (g) and Respondent Nos. 3 to 5. 10. The Appellant Nos. 5(a) and 5(c) to 5(g) have executed a General Power of Attorney dated:10-12- 2025 in favour of Appellant No. 5(b) authorizing Appellant No. 5(b) to appear before this Hon'ble Court in the above appeal on their behalf and to enter into compromise and sign the compromise petition on their behalf. Further, the Respondent Nos. 10. The Appellant Nos. 5(a) and 5(c) to 5(g) have executed a General Power of Attorney dated:10-12- 2025 in favour of Appellant No. 5(b) authorizing Appellant No. 5(b) to appear before this Hon'ble Court in the above appeal on their behalf and to enter into compromise and sign the compromise petition on their behalf. Further, the Respondent Nos. 3 to 5 have executed a General Power of Attorney in favour of Respondent No. 2 authorizing Respondent No. 2 to appear before this Hon'ble Court in the above appeal on their behalf and to enter into compromise and sign the compromise petition on their behalf. The original Powers of Attorney are produced herewith. The compromise petition has been signed by Appellant No. 5(b) on his behalf and on behalf of Appellant Nos. 5(a) and 5(c) to 5(g) Respondent No.2 on his behalf and on behalf of Respondent Nos. 3 to 5. 11. Wherefore, it is prayed that this Hon'ble Court may be pleased to set aside the Judgment and Decree dated:04-03-2023 in R.A. No. 183/2010 on the file of the Fast Track Court at Sagar confirming the Judgment and Decree dated:30-06-2010 in O.S. No. 6/2006 on the file of the Sr. Civil Judge at Sagar and pass a judgment and decree in terms of the above compromise in the interest of justice. 4. The contents of the compromise petition are read over, and explained to the parties in Kannada language known to them. They have accepted the terms and conditions of the compromise petition, and accordingly, prays to dispose of the instant appeal in terms of the compromise petition. 5. The compromise petition is taken on record. 6. Perused the compromise petition, and I am satisfied that the terms and conditions of the compromise petition are lawful. 7. In the circumstances, I do not find any legal impediment to accept the compromise arrived at between the parties to the appeal, and to dispose of this appeal in terms of the compromise petition. Accordingly, I proceed to pass the following: ORDER (i) This Regular Second Appeal is disposed of in terms of the compromise petition. (ii) The Registry is directed to draw decree in terms of the compromise petition. (iii) In view of the disposal of the appeal, pending interlocutory applications, if any, stand disposed of accordingly.