Ramappa S/O Hanumanthappa @ Hanmappa Bennur v. Gouravva W/O Basappa Byadagi
Case brief
What is this about?
Karnataka HC Dharwad DB, RFA No.100031/2021, decided 23.09.2025 (per C.M. Poonacha J. with S.R. Krishna Kumar J.): appeal against trial court decree in O.S.No.59/2017 (partition and separate possession, Ranebennur) disposed of in terms of compromise under Order XXIII Rule 3 CPC; decree modified only for portion of Item No.3 Schedule 'A' (1 Acre 20 Guntas of old Sy.No.34/3/new Sy.No.34/1, total 4 Acres 11 Guntas, Airani Village) allotted jointly to plaintiffs; plaintiffs relinquished other suit properties; respondent No.3 relinquished claim in favour of defendants 1–3; respondents 4–25 formal parties; liberty to defendants 1–3 for final decree proceedings for readjustment of shares. Keywords: compromise decree, Order 23 Rule 3 CPC, Section 96 CPC, Order 41 Rule 1 CPC, family settlement/partition, modification of decree, final decree proceedings, voluntary compromise.
What did the court decide?
Appeal disposed of in terms of the memorandum of compromise petition under Order XXIII Rule 3 CPC; impugned judgment and decree modified only in respect of a portion of Item No.3 of suit schedule 'A' properties (described in para 3 of the compromise petition — 1 Acre 20 Guntas of old Sy.No.34/3 / new Sy.No.34/1, out of total 4 Acres 11 Guntas, Airani Village, Ranebennur Taluka, allotted jointly to respondent Nos.1 and 2); respondent Nos.1 and 2 gave up share over other suit properties and respondent No.3 gave up her claim in favour of appellant Nos.1 to 3; liberty reserved to appellant Nos.1 to 3 to initiate final decree proceedings for readjustment of their shares in remaining suit properties; decree to be drawn accordingly.