Mr Akbar Sharief v. Mr Subhan Sharief
Case brief
What is this about?
Family partition suit settled in mediation — RFA No. 1868 of 2025, High Court of Karnataka, decided 24.10.2025 (Anu Sivaraman & Vijaykumar A. Patil JJ.; judgment per Vijaykumar A. Patil J). Appeal under S.96 r/w Order XLI Rule 1 CPC against decree dated 09.06.2025 in O.S.No.148/2017 (II Addl. Senior Civil Judge & JMFC, Shivamogga) decreeing declaration, partition and possession; appeal allowed in terms of memorandum of compromise under S.89 CPC r/w Rules 24 & 25 Karnataka Civil Procedure (Mediation) Rules, 2005; shares allotted by survey numbers; compromise held lawful, not opposed to public policy and voluntary; decree to be drawn by Registry; no costs or quantum awarded; no precedents cited.
What did the court decide?
Appeal allowed in terms of the memorandum of compromise/mediation agreement entered between the parties; the Registry to draw the decree in terms of the compromise, under which specific survey-number shares of the suit properties were allotted to each party (including 1st defendant giving up claim, defendants 6, 8-12 allotting their shares in Sy.No.322/1 to defendant No.7, and liberty to seek future land-acquisition compensation independently).