Sri. G D Manjunath v. Sri. G D Ramesh
Case brief
What is this about?
Family partition dispute among heirs of late Dhanachar (Gattadahalli/Kannapura villages, Mudigere taluk, Chickamagalur district); RSA under Section 100 CPC against concurrent decrees in O.S.No.94/2009 and R.A.No.73/2015; substantial question of law on whether suit properties were joint family properties notwithstanding father's registered partition deed dt.31.10.1996; matter ended in full compromise dated 09.10.2025 with property-wise allotment (Schedules A and B), relinquishment of shares by daughters (respondents 2-8), surrender of movables claim, and payment of Rs.2,00,000 by appellant to plaintiff brother; appeal disposed of in terms of compromise; no precedent discussed; useful as an example of compromise-based disposal of a second appeal in a partition matter.
What did the court decide?
Appeal disposed of in terms of compromise petition dated 09.10.2025: Schedule 'A' properties (land Sy.No.27/p1 measuring 2-22 guntas; Sy.No.28 measuring 1-37 guntas; Sy.No.126/2 measuring 0-18 guntas; Sy.No.63/3 measuring 0-08 guntas; residential house 27x35 feet and cattle shed 42½ x17½ feet, at Guttadahalli/Kannapura Villages, Mudigere Taluk) allotted to appellant G.D. Manjunath; Schedule 'B' properties (Sy.No.14/2 measuring 2-00 acres; Sy.No.28 measuring 1-20 guntas; Sy.No.36/p2 measuring 3-00 acres; Sy.No.127/14 measuring 0-20 guntas) allotted to respondent No.1 G.D. Ramesh; Sy.No.36/p1 (4-04 guntas) recognised as exclusively belonging to the appellant; respondents 2 to 8 voluntarily released and relinquished their 1/10th shares allotted by the trial court in favour of the appellant and respondent No.1; respondent No.1 gave up his claim to the movables in item 'B' Schedule Property to the plaint in O.S.No.94/2009; parties free to deal with respective properties and to get katha transferred; appellant to pay Rs.2,00,000 to respondent No.1; decree to be drawn accordingly.