JUDGMENT : M.G.S. Kamal, J. 1. The parties are present and have filed a compromise petition. Terms of the Compromise petition are as under: “Compromise petition under Order 23 Rule 3 of the Civil Procedure Code The appellants and the respondents No.1 to 6, respectfully submit as under: 1. The appellants herein have filed this appeal challenging the judgment and decree dated 17-7-2019 passed by the First Additional District and Session Judge Bagalkot sitting at Jamkhandi in R.A. No.64/2010, reversing the judgment and decree dated 5-1-2010 passed in O.S No.17/1990, by the Principal Civil Judge (Senior Division) Jamkhandi. 2. The appellants herein have filed a suit in O.S No.17/1990 on the file of Civil Judge Jamakhandi At: Jamakhandi for partition and separate possession of their 1/6 th share in the suit schedule 'A' to 'D' properties. In the said suit they have contended that one Sangappa - was the propositus of the Family and the defendant No.1 in the suit. The Sangappa had two male children namely Gurulingappa-defendant No.3 and Tammanna- the defendant No.9 and one daughter namely Bouravva Sangappa Kadapatti- who was arrayed as the defendant No.2 (a), in the said suit. The 1 st appellant- plaintiff No.1 and defendant No.10 are the sons of the said Tammanna and the 2 nd appellant- the plaintiff No.2, is the wife of defendant No.9 Tammanna. The defendant No.4 Shivawwa is the wife of defendant No.3 and the defendant No.5 to 8 are the children of defendant No.3 and 4. It is also contended by the appellants herein that the defendant No.9, without there being any legal necessity sold the suit schedule item No.1 in the suit schedule 'A' property, without taking note of the interest of the plaintiffs No. 1 and 2 and as such the said transfers made in favour of the defendants 11 to 15 are not binding on the plaintiffs. The said suit filed by the appellants herein was came to be decreed by the trial court, however the 1 st Additional District and Session Judge Bagalkot, in R.A No.64/2010, allowed the appeal and set aside the Judgement and decree passed by the Trial Court and dismissed the suit filed by the plaintiff in O.S No.17/1990. Against the said judgment and decree passed by the first appellate court, the appellant has filed this appeal. 3. Against the said judgment and decree passed by the first appellate court, the appellant has filed this appeal. 3. During the pendency of the above appeal, the parties have amicably settled their dispute and as per the said settlement, the plaintiffs have agreed to give up their claim, insofor the properties which are already been sold in favour of the defendants No.11 to 15. The respondents No.'s 8 to 11 are the Legal representatives of the deceased defendant No.11 and the respondents No.12 to 15 are the legal representatives of the deceased respondent No.12. At the time of the filing of the suit, as there was an agreement to purchase the property from the original defendant No.12, for the family the defendant No.12 was made as the party to the said suit and on the death of the defendant No.12, the respondent's No. 12 to 15, was added as parties. In the same way at the time of the filing of the suit, as there was an agreement to purchase the property from the original defendant No.13, for the family the defendant No.13 was made as the party to the said suit and on the death of the defendant No.12, the respondent's No. 16 to 23, was added as parties to the proceedings. As there is an agreement to purchase the property from the original defendant No.14, he was also made as the party, however the said agreement has not been finalised and the sale agreement has been cancelled. The defendant No.15, is the tenant of the one of the suit schedule property and they have now vacated the premises. As the plaintiffs have amicably settled their dispute with their family members ie the respondents No.1 to 7, the other respondents are not necessary parties to the suit. As such the appellants have filed a separate memo for deletion of the name of the respondents No 8 to 25 from the cause title of the above appeal. As during the pendency of the appeal as the defendant No.9 was died and the appellants and the respondent No.7 are his legal representatives who were already on record and apart from that as the Tamanna was also left behind his two daughters namely Jakkavva and Neelavva who have also been brought on record as the respondents No.6(a) and 6(b), in the above appeal. It is also very relevant to note here that as the property bearing VPC No.315 and VPC No.320/1/7 of Hunnur Panchayath and the property bearing VPC. No.762 of Kadapatti Panchayath and property bearing VPC No.382 of Hunnur Panchayath were not included as the suit properties, now agreed to be inserted as the suit item No.8 to 11 in Schedule C property. In the same way, the agricultural property bearing Survey No.136/18/2 measuring 2 acres, which have been purchased in the name of the Dareppa Gurulingappa Teli, was also agreed to be inserted as the suit schedule item No.20, in Suit Schedule A. In the same way the certain agricultural properties of the joint family were left out and the same have now been added as the suit item No.21 to 26 in the suit Schedule A. In the same way the certain non properties of the joint family were left out and the same have now been added as the suit item No.10 to 15 in the Suit B Schedule. It is further agreed by all the parties, the item No.1 to 3 and 12 of the A schedule are not available with family, and the item No.13 has been mentioned twise, the plaintiffs and other respondents No.1 to 4 have agreed to give up their claim in respect of the said item No.1 to 3 and 12 of Schedule A schedule properties and as such those properties the item No.1 to 3 and 12 were deleted from the Plaint Schedule A. The appellants and the respondents No.1 to 5, respondents No.6(a) and 6(b) and the respondents No.7 have amicably settled their dispute and the terms of Now the terms of this settlement are as under: 1). The plaintiffs have agreed to give up their claim in respect of the suit schedule item No.I in schedule 'A', bearing R.S.No.69/3 measuring 3 acres 12, guntas, and agreed for dismissal of their suit, in respect of the item No.1 of the Suit Schedule 'A'property. 2). It is further agreed by all the parties that the suit schedule property bearing R.S. No.132/3 measuring 5 acres 10 guntas and 131/1 measuring 4 acres 39 guntas, situated at Jamakandi, Jamakandi Taluk, Bagalkot District, i.e. suit item No.10 and 11 of Schedule A, have been agreed to be allotted in favour of the first plaintiff namely Ramappa @ Ramesh Tamanappa Teli. The plaintiff No.1, is entitled to hold and enjoy the said property as the absolute owner thereof and others have no claim or interest over the said property in question. 3). It is further agreed by all the parties that the suit schedule property bearing R.S. No.58/1B, measuring 7 acres 34, situated at Hanchinal Village, Jamakandi Taluk, i.e. suit item No.5 of Schedule 'A', has been agreed to be allotted in favour of the respondent No.7- Mallappa Tamanappa Teli. The respondent No.7, is entitled to hold and enjoy the said property as the absolute owner thereof and others have no claim or interest over the said property in question. 4). It is further agreed allot the property bearing R.S. No.136/18/2, measuring 2 acres, situated at Jamakandi Village, Jamakandi Taluk, District: Bagalkot, the suit item No.20, to the share of the plaintiff No.1- Ramappa @ Ramesh S/o. Tamanappa Teli and respondent No.7- Mallappa Tamanappa Teli. Out of the said property it is agreed that the appellant No.1 is entitled for eastern portion of 1 acres out of the total extent of 2 acres. In the same way the respondent No.7, is entitled for western portion of 1 acres out of the total extent of 2 acres and it is agreed that they are entitled to enjoy the said properties absolutely and others have no claim or interest in the said property. 5). It is further agreed that the property bearing VPC No.313, 314 situated at Hunnur Village, Jamakandi Taluk ie the item No. 6 and 7, of Suit Schedule C, are allotted in favour of the respondent No.7- Mallappa Tamanappa Teli. The respondent No.7 is entitled to hold the said property as the absolute owner thereof and the others have no claim or interest over the said property. 6). The property bearing VPC No.315 and VPC No.320/1/7 ie Item No. 8 and 9 of the Suit Schedule C properties are allotted in favour of the plaintiff No.1(appellant No.1)-Ramappa @ Ramesh S/o Tamanappa Teli. As the property bearing VPC No.315 is presently standing in the name of the Nandyappa S/o Dareppa Teli- the son of the respondent No.1, he has also been formally made as the respondent No.26, in this appeal and he also agreed for the said settlement. As the property bearing VPC No.315 is presently standing in the name of the Nandyappa S/o Dareppa Teli- the son of the respondent No.1, he has also been formally made as the respondent No.26, in this appeal and he also agreed for the said settlement. The appellant No.1 is entitled to enjoy the said property as the absolute owner thereof and the others have no claim or interest over the said property. 7). Today, before the court the respondents No.1 to 4 have handed over the four Demand Drafts dated 3-7-2025, with No's. 744912, 744913, 744914 and 744915 each for Rs.3,00,000/- drawn Canara Bank, Hunnur Branch, totally amounting to of Rs.12,00,000/- (rupees Twelve lacs only) before the court, in favour of the appellant No.2- Smt. Bouravva W/o Tamanappa Teli and the appellant No.2, has agreed to receive the said amount of Rs.12,00,000/- in full and final settlement of her claim in respect of the suit schedule properties and she also relinquishing all of her right. The appellant No.2 agreed to deposit the said amount in any of the banks or co-operative Society/banks of her choice and agreed to utilise the interest accrued thereon for her need. She has also agreed that the after her demise the same shall be distributed between her two daughters the respondent No.6a) and the respondent No.6(b), namely Smt. Jakkavva @ Mahadevi W/o Satyappa Magdum and Smt. Neelavva W/o Srisail Halemani equally. The respondents No.6a) and respondent No.6(b) have also agreed to receive the said amount, and they have also agreed not to claim any share of interest in other properties allotted in favour of the appellant No.1 and the respondent No.7. 8). It is further agreed by the appellant No.1 and the respondent No.7 that the properties bearing VPC No.315 and VPC No.320/1/7 and VPC No.313, 314 situated at Hunnur Village and the property bearing bearing R.S. No.136/18/2, measuring 2 acres, situated at Jamakandi Village, Jamakandi Taluk, District: Bagalkot, is allotted to their respective shares as stated above and they have been put in possession and revenue records are allowed to be changed in their name absolutely, however they have agreed that their mother the appellant No.2, during her life time, is entitled to receive the rent/ the income of these properties. However, it is agreed by the appellant No.2, she will not get any claim/right or interest in respect of these properties and these arrangement as agreed by the appellant No.1 and the respondent No.7, is only during the life time of the appellant No.2. 9). In order give more clarity, the shares allotted to the appellant No.1 and the respondent No.7 and the particulars of the properties, are as mentioned as under: 10. Properties allotted to the share of the First Plainntiff- the first appellant- Ramappa @ Ramesh S/o. Tamanna Teli Agricultural properties Sl. No. Suit Schedule Suit Schedule Property Item No. Property Numbers Village Extent A-G Revenue Rs. Paise 1 Schedule A 10 Old Sy. No.132/3 Now numbered as 132/1a Jamkhandi 5-10 14-44 2 Schedule A 11 131/1 Jamkhandi 4-39 12-84 3 Schedule A 20 136/1B/2 (part), on the eastern side. Jamkhandi 1-00 5-50 11. Properties allotted to the share of the First Plainntiff- the first appellant- Ramappa @ Ramesh S/o. Tamanna Teli Non Agricultural Property situated at Hunnur. Sl. No. Suit Schedule Suit Schedule Property Item No. Property Numbers VPC No. Village 1 Schedule c 8 315 Hunnur 2 Schedule c 9 320/17 Hunnur 3 Schedule C 10 Plot bearing VPC No.762 Kadapatti Panchayath 12. Properties allotted to the share of the Seventh Respondent- Mallapa S/o. Tamanna Teli Sl. No. Suit Schedule Suit Schedule Property Item No. Property Numbers Village Extent A-G 1 Schedule A 5 58/1B presently bearing Sy.No. 58/2 Hanchinal 7-34 2 Schedule A 20 136/1B/2 (part) (on the western side) Jamkhandi 1-00 Non agricultural Property situated at Hunnur allotted in 7 th respondent Sl. No. Suit Schedule Suit Schedule Property Item No. Property Numbers VPC No. Village 1 Schedule c 6 313 Hunnur 2 Schedule c 7 314 Hunnur Properties jointly allotted to the share of the Respondent No.1 to 4-Dareppa Teli, Srishail Teli, Hanumanth Teli and Basavaraj Teli (Each having 1/4 th share) Sl. No. Suit Schedule Suit Schedule Property Item No. Property Numbers VPC No. Village 1 Schedule c 6 313 Hunnur 2 Schedule c 7 314 Hunnur Properties jointly allotted to the share of the Respondent No.1 to 4-Dareppa Teli, Srishail Teli, Hanumanth Teli and Basavaraj Teli (Each having 1/4 th share) Sl. No. Suit Schedule Suit Schedule Property Item No. Property Numbers Village Extent A-G 1 Schedule A 4 19/3 new No.19/2 Hanchinal 8-00 2 Schedule A 6 58/1A New No.58/1 Hanchinal 7-35 3 Schedule A 7 59/1B New No.59/2 Hanchinal 4-00 4 Schedule A 8 59/1A New No.59/2 Hanchinal 4-00 5 Schedule A 9 100/3 Hanchinal 4-36 6 Schedule A 14 15 Hanchinal 12-39 7 Schedule A 15 25/1/1A New No.25/1+ 2A Kadapatti 4-00 8 Schedule A 16 61 New No.61/2 Hunnur 3-13 9 Schedule A 17 40A/3 Hunnur 1-16 10 Schedule A 18 40/1/21 New No.40A/s Hunnur 1-11 11 Schedule A 19 57/2 Hanchinal 10-39 12 Schedule A 21 R.S.No. 19/1B Hanchinal 2A-38G 13 Schedule A 22 R.S.No. 19/1A Hanchinal 2A-38G 14 Schedule A 23 R.S.No. 19/3E Hanchinal 3A-15G 15 Schedule A 24 R.S.No. 105/2 Jamkhandi 0A-21G 16 Schedule A 25 R.S.No. 103/1/B Jamkhandi 3A-00G 17 Schedule A 26 R.S.No. 103/1/C Jamkhandi 3A-07G Properties jointly allotted to the share of the Respondent No.1 to 4-Dareppa Teli, Srishail Teli, Hanumanth Teli and Basavaraj Teli (Each having 1/4 th share) – Non agricultural properties Sl. No. Suit Schedule Suit Schedule Property Item No. Property Numbers Village 1 Schedule B 1 5205B/1B Jamkhandi 2 Schedule B 2 5205B/1C Jamkhandi 3 Schedule B 3 5205B/1D Jamkhandi 4 Schedule B 4 5205B/1E Jamkhandi 5 Schedule B 5 5205B/1F Jamkhandi 6 Schedule B 7 5207/12 Jamkhandi 7 Schedule B 8 3992B Jamkhandi 8 Schedule B 9 3993 Jamkhandi 9 Schedule B 10 CTS.No. 5326/1 Jamkhandi 10 Schedule B 11 CTS.No. 5326/2 Jamkhandi 11 Schedule B 12 CTS.No. 5326/3 Jamkhandi 12 Schedule B 13 CTS.No. 4075/A Jamkhandi 13 Schedule B 14 CTS.No. 4075/B Jamkhandi 14 Schedule B 15 CTS.No. 4076/B Jamkhandi Properties jointly allotted to the share of the Respondent No.1 to 4-Dareppa Teli, Srishail Teli, Hanumanth Teli and Basavaraj Teli (Each having 1/4 th share) – Non agricultural property at Hunnur Sl. No. Suit Schedule Suit Schedule Property Item No Property Numbers Village 1 Schedule C 1 321 Hunnur 2 Schedule C 2 322 Hunnur 3 Schedule C 3 323 Hunnur 4 Schedule C 4 324 Hunnur 5 Schedule C 5 374/1 Hunnur 6 Schedule C 11 VPC No.382 Hunnur 14. It is also to be clarified here that as the schedule 'D' item No.1 is the garage is situated in Schedule 'B' property which is allotted to respondent No.1 to 4, the same has not been separately mentioned. Further as the other movable properties as mentioned in suit schedule properties, those properties have not been included herein and the plaintiffs have agreed not to claim any share in those properties. 15. The respondent No.5 Smt. Bouravva has also agreed for the said settlement made by the appellants and the respondents No.1 to 4 and she is not claiming any share, in the suit schedule property. 16. The appellant No.1 and the respondent No.7 have further agreed not to claim any share or interest in each others properties which they have acquired by their own self earnings and standing in their individual names. 17. The parties hereby agreed that the said compromise shall be treated as final and binding on the parties. Accordingly the parties have put their signature to this compromise petition, out of their own will and wish, on this 4 th day of July 2025” 2. Upon interaction, more particularly, Smt.Boravva (respondent No.5), she submitted that she has been assured by the appellant / plaintiff and respondent No.7 that she will be entitled to receive all the benefits and proceeds in respect of the properties bearing VPC Nos.315, 320/1/7 and VPC Nos.313 and 314 situated at Honnur Village, and the property bearing R.S. No.136/1B/1 measuring 2 acres as stated in paragraph No.8 of the compromise petition, in addition to a sum of Rs.12,00,000/- (Rupees Twelve Lakhs only), which has been paid by respondent Nos.1 to 4 by way of demand draft. 3. The daughter of Tammanna, namely Jakkavva and Neelavva, who are respondent Nos.6(a) and 6(b), are also personally present. They have submitted that they have understood the terms of compromise, more particularly with regard to the distribution of shares between the appellant / Ramappa and respondent / Mallappa on the one hand, and respondent Nos.1 to 5 on the other hand. The daughter of Tammanna, namely Jakkavva and Neelavva, who are respondent Nos.6(a) and 6(b), are also personally present. They have submitted that they have understood the terms of compromise, more particularly with regard to the distribution of shares between the appellant / Ramappa and respondent / Mallappa on the one hand, and respondent Nos.1 to 5 on the other hand. They further submitted that though they have not been given any share, they have agreed to the said settlement, having fully understood the terms of the compromise petition. 4. The demand drafts for Rs.12,00,000/- as detailed in paragraph No.7 of the compromise is handed over and received in the presence of all the parties. 5. In view of the aforesaid interaction and the understanding expressed by the parties, the compromise petition is accepted. 6. The appeal is disposed of in terms of the compromise petition. 7. The Registry to draw decree subject to payment of stamp duty and registration of the document in accordance with law.