JUDGMENT : ASHOK S. KINAGI, J. 1. The appellants and respondents are present before the court. They are identified by their respective counsels. 2. The appellants and respondents filed a compromise petition, which reads as under: “MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 CPC The parties begs to submit as under: 1. One Boose Kalegowda had 2 wives namely Smt. Doddamma and Smt. Kalamma. Through Doddamma, Boose Kalegowda had 4 children namely Channappa, Nanjappa, Akkamma and Ammayamma. Through Kalamma said Boose Kalegowda had 3 sons namely Rangegowda, Nanjappa and Kalegowda. The legal representatives of Channappa S/O of Boose kalegowda & Doddamma are the appellants in RSA.No.1722/2017 and 1723/2017. 2. Second son of Boose Kalegowda & Doddamma namely Nanjappa is no more. His widow Smt. Singamma is the appellant in RSA.No.1245/2021. 3. Akkamma, the daughter of Boose Kalegowda & Doddamma is no more and she died issueless. 4. Ammayamma, the daughter of Boose Kalegowda & Doddamma is no more. She had a son by name Manjegowda. Manjegowda is no more. Wife of Manjegowda namely Nagamma and son of Manjegowda namely Nagaraju C.M are the appellants in RSA.No.358/2022. 5. The first son of Boose Kalegowda and Kalamma by name Rangegowda is no more. His legal representatives have been arrayed as party respondents in the above appeals. Nanjappa is no more he died without issues. Kalegowda son of Boose Kalegowda & Kalamma is the appellant in RSA.No.663/2018. 6. The suit in OS.No.2/2006 had been filed by Rangegowda son of Boose Kalegowda & Kalamma, Nanjappa and the daughters of Rangegowda namely Smt Savithramma and Smt Bharathi on the file of the learned Senior Civil Judge at Channarayapatna. Suit in OS.No.17/2006 have been filed by Kalegowda alias Puttappa, son of Boose Kalegowda & Kalamma. The said suits were clubbed and vide judgment and decree dated 22.04.2016, both the suits were dismissed. 7. Against the said judgment and decree, Savithramma daughter of Rangegowda filed an appeal in RA.108/2016 and Kalegowda alias Puttappa son of Boose Kalegowda & Kalamma filed an appeal in RA.116/2016. The first appellate court allowed both the appeals and granted share to the parties. It is the said judgment and decree that is subject matter of challenge in the above appeals. 8. The above suit had been filed seeking partition and separate possession concerning two items of the properties. The first appellate court allowed both the appeals and granted share to the parties. It is the said judgment and decree that is subject matter of challenge in the above appeals. 8. The above suit had been filed seeking partition and separate possession concerning two items of the properties. Item no.1 is an agricultural property bearing Sy.No.41/1A measuring 2 acre 12 guntas. Item No.2 is a house property bearing khatha No.2660. 9. During the pendency of the above appeal, with the intervention of the elder and well-wishers, the parties to the proceedings have amicably resolved to settle the matter. The terms of the settlement is as under: A. The legal representatives of Channappa who are the appellants in RSA.No.1722/2017 and 1723/2017 have executed a registered sale deed dated 11.11.2020 in favor of Sri. B. N Keshavmurthy who has been arrayed as Respondent No.12 in RSA.No.1722/2017, thereby selling Item No.1 of the suit properties bearing Sy.No 41/1A measuring 2 acres 12 Guntas. As such, the legal representatives of Channappa who are the appellants in the said appeals have no subsisting right, title and interest over the said property and they give up all their claims and contentions concerning the said agricultural property. B. The appellants in RSA.No.358/2022 have executed a registered release deed in favor of Sarojamma wife of Channappa releasing all their rights over the suit properties under a registered release deed dated 09.07.2019. As such, they have no subsisting right, title and interest over the suit properties and they give up all their claims and contentions concerning the suit properties. As such, they seek dismissal of the appeal in RSA No.358/2022 unconditionally. C. As far as Smt. Singamma is concerned, who is the appellant in RSA.No.1245/2021, she has already given up her right over the suit properties by entering into the partition deed dated 13.04.2005. As such, she had no right, title and interest over the suit properties. In view of the fact that she is no more and has died issueless on 20.12.2024, the appeal in RSA No.1245/2021 shall stand abated. D. As stated above Smt. Akkamma D/O Boose Kalegowda & Doddamma and Sri. Nanjappa S/O Boose Kalegowda & Kalamma have died issueless. As such, she had no right, title and interest over the suit properties. In view of the fact that she is no more and has died issueless on 20.12.2024, the appeal in RSA No.1245/2021 shall stand abated. D. As stated above Smt. Akkamma D/O Boose Kalegowda & Doddamma and Sri. Nanjappa S/O Boose Kalegowda & Kalamma have died issueless. E. Under a registered release deed dated 20.07.2019, the legal representatives of Smt. Rathnamma D/O Rangegowda namely Jayalakshmi @ Baby, Swamy and Ashok- Respondent No. 9 to 11 in RSA No.1722/2011, Smt. Savithramma, Smt. Bharathi and Smt. Yashodamma All D/O Rangegowda, arrayed as Respondent No.1,2 and 6 have released their right in favor of Smt. Sarojamma W/O Channappa. As such, the said Respondents l.e., Respondent No.1,2,6, 8 to 11 in RSA No. 1722/2017 have no subsisting right, title and interest over the suit properties and they give up all their claims and contentions concerning the suit properties. F. As such, the only persons who hold interest over the suit properties are Sri. Keshavamurthy- the 12th respondent in RSA No. 1722/2017 (the purchaser from the legal representatives of Channappa) and his ailenees arrayed as Respondent No.13 and 14 herein, Smt. Shanthamma W/O Rangegowda & Manjula D/O Rangegowda- Respondent No. 5 and 7 in RSA No.1722/2017 and Kalegowda son of Boose Kalegowda- the 4th Respondent in RSA No.1722/2017. As such, the said parties and alieness of Respondent No.12 who have been arrayed as Respondent No.13 and 14 have amicably settled the dispute among themselves and have agreed to divide the agricultural property bearing Sy.No.44/1A, New No.44/3 in the following manner (The ranking of the parties is as per RSA No.1722/2017): A. 12th Respondent- Sri. Keshavmurthy shall be entitled to a total extent of 67 guntas in Sy.No.44/3. Said Keshavmurthy has executed a registered sale deed in favor of Sri. Yogesh- the 13th Respondent in RSA No.1722/2017 concerning 4 ½ guntas of land and a registered gift deed in favor of his son Varun B. K-14th Respondent in RSA No.1722/2017 to an extent of 4 1½ Guntas. As such, including the said 9 guntas of alienated land, the entitlement of keshavmurthy as stated above is 67 guntas. B. 4th Respondent in RSA No. 1722/2017 namely- Sri. Kalegowda @ Puttegowda S/O Boose Kalegowda shall be entitled for 18 guntas of land. As such, including the said 9 guntas of alienated land, the entitlement of keshavmurthy as stated above is 67 guntas. B. 4th Respondent in RSA No. 1722/2017 namely- Sri. Kalegowda @ Puttegowda S/O Boose Kalegowda shall be entitled for 18 guntas of land. C. 5th and 7th Respondents in RSA No.1722/2017 namely Smt. Shanthamma and Manjula together are entitled to 7 guntas of land. D. The properties that they are entitled to has been described in the sketch drawn and appended to this compromise petition, which shall form part and parcel of the compromise petition- i. Block No.I, VI, IX and XII shall fall to the share of Respondent No.12- Sri. Keshav Murthy B. N. The property alienated in favor of Sri. Yogesh- the Respondent No.13 and Sri. Varun- the Respondent No.14 herein has been described as Block No.II and III respectively. ii. The property that has fallen to the share of 4th Respondent-Kalegowda is in Block No.V, VIII and XI. iii. The properties that has fallen to the share of 5th and 7th Respondent- Smt. Shantamma and Smt. Manjula together is in Block No.IV, VII and X. As such, the entire extent of 92 guntas shall be divided among the above parties in the aforesaid manner. G. The Respondent No.12- Sri. Keshavmurthy has undertaken the exercise of getting the user of the entire land converted to non-agricultural purpose i.e residential purpose. The entire costs and expenses for getting the conversion shall be borne only by said 12th Respondent namely Keshavmurthy. Upon such a conversion, the residential layout of sites that is sought to be formed shall be duly got approved by him from the concerned urban development authority. The layout plan shall be so formed that access is provided to all the shareholders. The division of the sites shall be according to the shares held by the respective parties. Further, should any requirement for formation of road be made by the competent authority while approving the layout plan in a way that it traverses through the lands allotted to the share of 4th Respondent, 5th and 7th Respondent, the sites shall be carved out in such a manner that they should be situated well within 10 feet from the road that may be required to be so formed and the same shall be accordingly allotted to the above sharers. H. Since 18 guntas of land is allotted to the share of the 4th respondent Kalegowda and 7 guntas of land is allotted to the share of 5th and 7th respondent namely Shantamma and Manjula together, the entitlement of the said persons shall be 19,602 Sq. Ft. (of Kalegowda Alias Puttegowda) and 4,573 Sq. Ft. (of Shanthamma and Manjula) respectively. If in case the layout is formed and converted land is to be allotted to the share of the said persons, then in any event the entitlement of the land of Kalegowda alias Puttegowda shall not be less than 11,761 Sq. Ft. As far as Shanthamma and Manjula are concerned, their entitlement shall not be, in any event, less than 4573 Sq. Ft. As such, it is agreed by the parties that Kalegowda alias Puttegowda is entitled to 18 guntas of agricultural land and an extent of not less than 11,761 Sq. Ft. of converted land. The entitlement of Smt. Shanthamma and Manjula shall be 7 guntas of agricultural land. In any event her entitlement to the converted land in the layout of site so formed shall not be less than 4573 Sq. Ft. The sites that shall be formed in the layout of sites shall ordinarily be of the dimensions of 30ft*40ft or 30ft*40ft or 40ft*60ft. As far as possible, the said sites shall be carved and allotted in such a manner that it shall not go beyond 10 feet from the land so allotted to the parties as per the sketch enclosed to this compromise petition. I. The parties herein undertake that they shall not cause any interference to the enjoyment of the property by the other owner(s) under any circumstance and they would extend all necessary cooperation to ensure that the layout of site is formed and the sites are capable of being sold in favour of 3rd parties without any hassles. J. As far as the Item No.2 of the suit properties is concerned, the same is in the possession of the legal representatives of Channappa. They shall be entitled to hold the same for themselves as absolute onwers. No other party to the proceeding shall have any right, title or interest to the said property. J. As far as the Item No.2 of the suit properties is concerned, the same is in the possession of the legal representatives of Channappa. They shall be entitled to hold the same for themselves as absolute onwers. No other party to the proceeding shall have any right, title or interest to the said property. The legal representatives of Channappa shall pay a sum of Rs.4,00,000/- to Kalegowda- the 4th Respondent in R.S.A. No. 1722/2017 and a sum of Rs.1,00,000/-to Smt. Shanthamma and Smt. Manjula- the Respondent No.5 and 7 in RSA No. 1722/2017. The said amount is paid today through Demand draft. K. In the light of the aforesaid compromise petition being entered into, the appeal in RSA No. 358/2022 shall stand withdrawn unconditionally. The appeal in RSA No. 1245/2021 shall stand dismissed as abated. L. The above settlement have been arrived by parties out of their own will and without there being any threat, coercion or undue influence from any parties. Wherefore, it is respectfully prayed that this Hon'ble court be pleased to take this compromise petition on record and accept the same and direct the drawing up of the decree accordingly, in the interest of justice and equity.” 3. The contents of the compromise petition are read over and explained to the parties in Kannada Language known to them. They accepted the terms and conditions mentioned in the compromise petition, and accordingly, prays to dispose of the appeal in terms of the compromise petition. 4. The compromise petition is taken on record. 5. Accordingly, the appeal is disposed of in terms of the compromise petition. The Office is directed to draw the decree in terms of the compromise petition.