JUDGMENT : (ASHOK S. KINAGI, J.) Learned counsel for the appellants filed a memo along with the amended cause title. 2. Same is taken on record. 3. Appellants and respondents No.1, 7 to 11 are present and Power of Attorney holder of respondent No.6 is also present before the Court. They are identified by their respective learned counsel. They filed a compromise petition, which reads as under: COMPROMISE PETITION FILED UNDER ORDER XXIII RULE III OF CPC At the instance of elders and well wishers, both the parties have amicably settled the dispute on the following terms and conditions: 1. It is submitted that one late Muniyappa is the Propositus and had four sons viz. Doddabeerappa, Chikkabeerappa, Muniyappa and Chikkamuniswamappa. The 6th Plaintiff is the wife of late Chikkabeerappa and the Plaintiffs 1 to 5 and 6th Defendant in OS no.212 of 2008 are his children. Defendants 1 and 2 are the children of late Muniyappa. Defendants 3 to 5 are the wife and children of late Doddabeerappa. Defendant no.7 is related as grandson of brother of the Propositus - late Muniyappa, Defendant no. 8 and 9 are the purchasers from 2nd Defendant. 9th Defendant is the purchaser who has purchased item no.22 i.e. survey no.93/4 measuring 3 acres 31 guntas from the 2nd Defendant through a registered sale deed on 23- 02- 2006. 2. The list of properties allotted to the share of late Doddabeerappa, late Chikkabeerappa, Sri. Muniyappa and Sri.Chikkamuniswamappa are as under which is marked as Exhibit D6 in the suit OS 212/2008. Schedule-A-belonging to Late. Doddabeerappa Sl Sy.no. Extant Village 1 96/1 111/2guntas Pakarahalli 96/2 2 101/2 20guntas Pakarahalli 102/2 21guntas 3 319/2 101/2guntas Hudukula 4 112 6guntas Pakarahalli 5 103&104 61/2guntas Pakarahalli 6 57 16guntas Pakarahalli 7 1 1Acre20 guntas Pakarahalli 8 11 13guntas Pakarahalli 9 79 211/2guntas Kooteri 10 67/1 18guntas Kooteri 11 1 1Acre20 guntas Kooteri 12 118/3 11/2guntas Pakarahalli 13 40 27guntas Kooteri 41 14 House 27ft by 50ft Pakarahalli Schedule B –belonging to Late. Chikkabeerappa Sl Sy.no. Extant Village 1 96/1 111/2guntas Pakarahalli 96/2 2 314/1 36guntas Pakarahalli 318/5 38guntas 3 112 6guntas Pakarahalli 4 103& 104 61/2guntas Pakarahalli 5 120/1 12guntas Pakarahalli 120/2 6guntas Pakarahalli 6 1 1Acre Pakarahalli 7 71 33guntas Kooteri 8 40 27guntas Kooteri 41 9 118/3 11/4guntas Pakarahalli 10 House 25ft by 51feet Pakarahalli Schedule C-belonging to Muniyappa Sl Sy.no. Extant Village 1 96/1 111/2guntas Pakarahalli 96/2 2 314/1 36guntas Pakarahalli 318/5 38guntas 3 112 6guntas Pakarahalli 4 103& 104 61/2guntas Pakarahalli 5 120/1 12guntas Pakarahalli 120/2 6guntas Pakarahalli 6 1 1Acre Pakarahalli 7 71 33guntas Kooteri 8 40 27guntas Kooteri 41 9 118/3 11/4guntas Pakarahalli 10 House 25ft by 51feet Pakarahalli Schedule C-belonging to Muniyappa Sl Sy.no. Extant Village 1 105/1 1Acre20guntas Pakarahalli 105/2 2 112 6guntas Pakarahalli 3 1 1acre Pakarahalli 4 74/1 14guntas Pakarahalli 5 103& 104 61/2guntas Pakarahalli 6 118/3 11/4guntas Pakarahalli 7 96/1 111/2guntas Pakarahalli 96/2 8 40 27guntas Kooteri 41 9 53 91/2guntas Kooteri 10 17/1 10 1/2guntas Pakarahalli 11 House 16.5ftby41.5ft Pakarahalli Scgedule D – belonging to Chikkamuniswamappa Sl Sy.no. Extant Village 1 119 271/2guntas Pakarahalli 2 106&107 211/2guntas Pakarahalli 3 112 6guntas Pakarahalli 4 1 1acre Pakarahalli 5 96/1 111/2guntas Pakarahalli 96/2 6 313/3 2Acres24guntas Hudukula 7 118/1 71/2guntas Pakarahalli 8 65/4 22guntas Pakarahalli 9 311 25guntas Hudukula 10 76/2 51/4guntas Pakarahalli 11 83/2 3guntas Pakarahalli 12 75/4 153/4guntas Kooteri 13 52/2 1Acre5guntas Kooteri 14 93/4 3Acres31guntas Pakarahalli 15 GPKhata no.85/2 60ftby45ft Pakarahalli 3. It is agreed between the parties that a partition took place on 12-04-2004 between the children of late Muniyappa who is the propositus under which ‘A’ schedule properties were allotted to late Doddabeerappa, ‘B’ schedule properties were allotted to Chikkabeerappa, ‘C’ schedule properties were allotted to Muniyappa and ‘D’ schedule properties were allotted to Chikkamuniswamappa and all the parties admit the factum of the said partition and further agree that they are binding on the same. 4. 4. The Appellants and Respondents have agreed recently to allot the properties mentioned to this petition in the following manner and the parties are referred to as per the rankings before the trial Court and the schedule A, B, C and D are rearranged as follows: SCHEDULE “A” PROPERTIES: Item No Sy.No Extant Assesment Village East by West by North by South by 1 96/1 11 1/2 guntas out of 1 acre 6 guntas 0.6 Pakarahalli B Schedule Patel Muniswamy Kote Narayanappa Narayanaswamy.D 96/2 2 101/2 20 guntas 2.00 Pakarahalli P. Shamaiah P. Shamaiah Nagaraja Mattikunte Ramakka 102/2 21 guntas 3 319/2 03 1/2 guntas out of 7 guntas 0.5 Hudukula Kolar to Bangarpert road Chikkanarasimhaiha Remaining portion of the same Sy.no alloted to the share of B Schedule holders Thoti Munivenkatappa 4 112 06 guntas out of 24 guntas 0.3 Pakarahalli B Schedule Canal M. Muniyappa P.N. Narayanaswamy 5 103 & 104 07 guntas out of 20 guntas 0.3 Pakarahalli Road Nagaraja B Schedule P. Shamaiah 6 57 16 guntas 0.8 Pakarahalli Gudiyappa Canal Canal Nageshappa 7 79 21 1/2 1.00 Kuteri Beedi Chinappa Govindashetty Chennarayappa Chikkamuniyappa 8 67/1 18 guntas 0.90 Kuteri Canal Chikkananjappa Menasamma P.Muniyappa 9 118/3 01 1/2 guntas out of 04 guntas 0.1 Pakarahalli Chikkanna Pond (Kunte) B Schedule Chikkanna & others 10 40 27 guntas out of 2 acres 1.00 Kuteri Canal B schedule Krishnappa P.N. Narayanaswamy 41 11 11 13 guntas out of 1 acre 11 guntas 2.01 Pakarahalli Canal Narasimhanna Kharab land Kharab land 12 House East to West 27 ft and North to South 50 ft Pakarahalli Road Chikkanarasimhaiha house Road Seetaramaiahshetty SCHEDULE “B” PROPERTIES: Item No Sy.No Extant Assesment Village East by West by North by South by 1 96/1 17 1/4 guntas out of 1 acre 6 guntas 0.55 Pakarahalli C Schedule A Schedule Kote Narayanappa Narayanaswamy.D 96/2 2 314/1 36 guntas 2.55 Hudukula T.Muniswamy & others Pakarahalli boundary A.K Shambappa Chikkanna & others 318/5 38 guntas 3 112 06 guntas out of 24 guntas 0.3 Pakarahalli C Schedule A Schedule M. Muniyappa P.N. Narayanaswamy 4 112 12 guntas out of 24 guntas 0.3 Pakarahalli Canal remaining portion of same SY.No alloted to B Schedule M. Muniyappa P.N. Narayanaswamy 5 103 & 104 06 1/2 guntas out of 20 guntas 0.3 Pakarahalli Road Nagaraja C Schedule A Schedule 6 120/1 12 guntas 0.6 Pakarahalli Nagambhatt Canal Krishnaiaha Srinivas 120/2 06 guntas 0.3 7 71 33 guntas 1.5 Kuteri Canal Chandrappa Chikkanarayanappa Kondappa 8 40 27 guntas out of 2 acres 10.00 Kuteri A Schedule C Schedule Krishnappa P.N. Narayanaswamy 41 9 53 14 guntas out of 1 acre 8 guntas 2.14 Kuteri Dobi Muniyappa Canal C Schedule A Schedule 10 118/3 1 1/4 guntas out of 04 guntas 0.1 Pakarahalli Chikkanna Pond (Kunte) C Schedule A Schedule 11 319/2 03 1/2 guntas out of 7 guntas 0.5 Hudukula Kolar to Bangarpert road Chikkanarasimhaiha T. Muniswamy Remaining portion of the same Sy.no alloted to the share of A Schedule holders 12 118/1 7 1/2 guntas 0.35 Pakarahalli Sy.No 313/3 alloted to D schedule holder Chikkanna Chikkanna Sy.No 119 13 House East to West 25 ft and North to South 41 feet Pakarahalli C Schedule Nagabhushanappa Canal Road 14 119 13 1/2 out of 27 1/2 guntas 1.5 Pakarahalli Hebatada Muniyappa & others P.Narayanaswamy Remaining portion of same Sy No alloted to D Schedule holder Canal Remaining portion 13 1/2 out Hebatada P.Narayanaswam of same Sy No 14 119 of 27 1/2 1.5 Pakarahalli Muniyappa Canal y alloted to D guntas & others Schedule holder Item No 1 to 3 & 5 to 11 and 13, 14 properties of Schedule ‘B’ are allotted to Plaintiffs No 1 to 3, Item No 12 property of Schedule B is allotted to Plaintiff No 2 and Item No 4 property of Schedule B is alloted to Plaintiff No 4. SCHEDULE “C” PROPERTIES: Item No Sy.no Extant Assesment Village East by West by North by South by 1 105/1 1 acre 20 guntas 3.00 Pakarahalli Menasamma Canal Chandranna Chikkanarasimhaiah 105/2 2 74/1 20 guntas 0.75 Pakarahalli Canal Chikkananjappa P.N Narayanaswamy Kotiinamthi & others 3 103 & 104 6 1/2 guntas out of 20 guntas 0.3 Pakarahalli Road Nagaraja Chikkanna B Schedule 4 118/3 1 1/4 guntas out of 04 guntas 0.1 Pakarahalli Chikkanna Pond (Kunte) Chikkanna B Schedule 5 96/1 11 1/2 guntas out of 1 acre 6 guntas 0.6 Pakarahalli Remaining portion of the same Sy No alloted to D Schedule holder Remaining portion of the same Sy No alloted to B Schedule holder Kote Narayanappa Chikkamuniyappa 96/2 6 40 27 guntas out of 2 acres 10.00 Kuteri Canal B Schedule Krishnappa P.N. Narayanaswamy 41 7 53 23 guntas out of 1 acre 8 guntas 2.14 Kuteri Dobi Muniyappa Canal D Schedule B Schedule 8 83 22 guntas 0.5 Kuteri Canal Dobi Muniyappa Dobi Yelappa Kadaripathi Nageshappa & others 9 17/1 10 1/2 guntas 0.5 Pakarahalli Munivenkatappa & others Chikkanarasimhaiah Canal Canal 10 83/2 3 guntas 0.15 Pakarahalli Gunduthopu Chikkanarasimhaiah P.N. Gudiyappa Marakka 11 76/2 5 1/4 guntas 0.25 Pakarahalli Canal Chikkanarasimhaiah Nageshappa Ramachandrashetty & Others 12 House East to West 16 1/2 feet and North to South 41 1/2 Pakarahalli Chikkanarasimhaiah B Schedule property Canal Road SCHEDULE “D” PROPERTIES: Item No Sy.no Extant Assesment Village East by West by North by South by 1 106 21 1/2 guntas 1.50 Pakarahalli Canal Canal Mathikunte Muniayappa Chikkanarasimhaiah 105 2 96/1 11 1/2 guntas out of 1 acre 6 guntas 0.6 Pakarahalli Ramakka Remaining portion of the same Sy No alloted to C Schedule holder Kote Narayanappa Chikkamuniyappa 96/2 3 313/3 2 acres 22 guntas 4.37 Hudukula Seshasharma Sy No 118/1 alloted to B Schedule holders Chikkanna & others Hebatada Muniyappa 4 65/4 22 guntas 1.00 Pakarahalli Hebatada Munivenkatappa Menasamma Nagaraja Hanchala Muniyappa 5 311 25 guntas 2.55 Hudukula Kolar to Bangarpet road Sy No 313/3 Muniyappa Seshasharma 6 53 11 guntas out of 1 acre 8 guntas 2.14 Kuteri Dobi Muniyappa Canal K. Krishnappa C Schedule 7 119 14 guntas out of 27 1/2 guntas 1.5 Pakarahalli Hebatada Muniyappa & others P.Narayanaswamy Sy No 118/ Remaining portion of same Sy No alloated to B schedule holders 8 75/4 25 3/4 guntas 0.75 Kuteri Chikkananjappa Chikkamuniyappa Nagabhushanappa Nageshappa 9 52/2 36 guntas 2.25 Kuteri Canal K. Krishnappa D. Narayanaswamy C Schedule 10 Property No. 151900 202100 321317 Vacant site - East to West 9.7536 meters and North to South 12.192 meters Hudukula Own property Seetaramashetty Narayanaswamy Road 11 House East to west 27 ft and North to South 27 ft Pakarahalli Road Chikkanarayanappa Road Hanchala Shamanna 5. The A, B, C and D Schedule holders herein admits that the Item no. 10 of B Schedule property and Item no. 4 of C Schedule property are adjoining properties and are a part of same survey number 118/3 of Pakarahalli village, presently constructed the temple called “Sri Lakshmi Narasimha swamy Temple” maintained by “ SRI LAKSHM NARASIMHA TEMPLE TRUST ” Pakarahalli. Since the said temple is already constructed, The Schedule holders A and D are agreed and admit to pay a sum of two lakh rupees in the favour of “SRI LAKSHM NARASIMHA TEMPLE TRUST” Pakarahalli for the developments of the said temple. The donors of the above said properties to be the trustees in “SRI LAKSHM NARASIMHA TEMPLE TRUST”. 6. The Plaintiff no.4 declares and agrees that she or her legal heir,successors etc., has no claim or share in the properties allotted to the share of her father, late Chikkabeerappa, as per Schedule ‘B’ and also allotted to the shares of A, C and D schedule holders of the partition dated 12-04-2004 and the said Schedule ‘B’ shall absolutely belong to Plaintiffs 1 to 3 only, except Item No 4 in Schedule ‘B’ bearing Sy.no.112 measuring 12 guntas of Pakarahalli Village, Kasaba Hobli, Bangarpet Taluk, Kolar District which has been now allotted to her under this compromise. 7. Plaintiff no.5 and Defendant no.6 hereby state that properties bearing Survey No.14 measuring 1 Acre and Survey No.51 measuring 10 guntas situated at Konganahalli, Kaivara Hobli, Chintamani Taluk, Chikkaballapur District are agreed to be divided amongst them as follows: a. Survey No.14 measuring 1 Acre shall be allotted to Plaintiffno.5. b. SurveyNo.51 measuring 10 guntas shall be allotted to Defendant no 6. In view of the above settlement, the Plaintiff No.5 and DefendantNo.6 declare that they or their legal heirs, successors etc., have no claim or share in the properties allotted to the share of their father, late Chikkabeerappa, as per Schedule ‘B’ and also allotted to the shares of A, C and D schedule holders of the partition dated 12-04-2004 and Properties allotted in this compromise petition. 8. The Plaintiffs 1 to 6 and Defendant No.6 also declare that they claim no rights over the properties situated at Konganahalli, Banahalli and Kaivara which are not listed in this compromise. 9. 8. The Plaintiffs 1 to 6 and Defendant No.6 also declare that they claim no rights over the properties situated at Konganahalli, Banahalli and Kaivara which are not listed in this compromise. 9. Both the parties agree that the above schedule items, all the parties declare that the properties shown in Schedules ‘A’ to ‘D’ of the partition dated 12-04-2004 and in this compromise petition are in their exclusive possession and enjoyment. 10. Both the parties undertake that their legal heirs or successors have no rights or claim over the schedule properties mentioned in the partition dated 12-04-2004 and the properties that has been rearranged in this new compromise petition in future. 11. The A, B and C schedule holders herein admits and declare that the Item numbers 3, 5 and 10 allotted to D schedule holder are his self earned properties and doesn’t belong to joint family properties. They also admits that the Item numbers 1, 2 and 7 allotted to D schedule holder are for the marriage expenses of his two daughters as the daughters of A, B and C schedule holders were already married before the partition dated 12-04-2004 from the joint family earnings. Having said that both the parties agreed to withdraw OS.No. 62/2019 in the court of the honourable senior civil judge at KGF. 12. Both the parties declare that the exhibit D6 marked in OS 212 of 2008 shall form part and parcel of this compromise settlement and admit that they have no objection to get the khata, pahani and other revenue documents entered into their names by virtue of partition dated 12-04-2004 and the present compromise petition. 13. The Plaintiffs and Defendants 1,2 and 4 to 8 hereby declare that Defendant No.9 is the absolute owner of the property bearing Sy.No.93/4 measuring 3 Acres 31 guntas of Pakarahalli Village and that they or their legal heirs, successors have no claim whatsoever over the said property. In lieu of settlement, the Defendant No.9 has transferred a sum of Rs.10,00,000/- [Rupees Ten Lakhs] in favour of 1st Plaintiff by way of RTGS vide UTR no..PKGBH24904325689 dated 22-07-2024 from Karnataka Grameena Bank, Hudukula Branch through the account of 9th Defendant. In lieu of settlement, the Defendant No.9 has transferred a sum of Rs.10,00,000/- [Rupees Ten Lakhs] in favour of 1st Plaintiff by way of RTGS vide UTR no..PKGBH24904325689 dated 22-07-2024 from Karnataka Grameena Bank, Hudukula Branch through the account of 9th Defendant. In view of the same, the Plaintiffs 1 to 6, Defendants 1,2 and 4 to 8 declare that the 9th Defendant is the absolute owner of Sy.no.93/4 measuring 3 Acres 31 Guntas of Pakarahalli Village, Kasaba Hobli, Bangarpet taluk, Kolar district and they or their legal heirs, successors or anybody have no right, title or interest over the said property. 14. The Plaintiffs 1 to 6 and the Defendants 1,2,4 to 7 and 9 hereby declare that the schedule property shown in schedule VI of the Plaint schedule i.e. Khata no.2141/4837/4747/ site no.19 and 20 measuring 40 feet by 60 feet with a house measuring 22 feet by 35 feet on the ground floor situated at Ramakrishna Hegde Colony, Bangarpet Town, Kolar District and was sold by the Defendant no.2 in favour of the Defendant no.8 through a registered sale deed on 22-11-2007 and hence the Plaintiffs and Defendants 1,2,4 to 7 and 9 have no share, right, claim or interest over the said property and that Defendant no.8 is the absolute owner of the said property. Therefore it is prayed that this Hon’ble Court may be pleased to draw the Final decree in the suit in terms of this compromise petition by allowing the Appeal in the interest of justice and equity. 4. The contents of the compromise petition are read over and explained to them in Kannada Language known to them. They have admitted the terms and conditions of the compromise petition and prays to dispose of the appeals in terms of the compromise petition. 5. The compromise petition is taken on record. 6. The Appeals are disposed of in terms of the compromise petition.