Smt. Suvarna v. Smt. Gangamma
Case brief
What is this about?
Karnataka High Court, Bengaluru; RFA No. 1438 of 2023; NC: 2026:KHC:10344; decided 19.02.2026; Sachin Shankar Magadum, J.; partition suit O.S.No.7036/2018; preliminary decree dated 12.04.2023 challenged under Sec.96 r/w Order 41 Rule 1 CPC; appeal settled through joint compromise petition under Order XXIII Rule 3 CPC; plaintiffs to receive 65% of total sale proceeds in full and final settlement; decree modified, fresh decree directed; themes: compromise decree, family/partition settlement, voluntariness of settlement, modification of preliminary decree, quietus to litigation.
What did the court decide?
Joint compromise petition under Order XXIII Rule 3 CPC accepted and recorded; judgment and preliminary decree dated 12.04.2023 in O.S.No.7036/2018 modified in terms of the compromise (which forms part of the modified decree); Registry directed to draw up a fresh decree; appeal disposed of in terms of the compromise petition. Per the recorded settlement, plaintiffs agreed to receive 65% of the total sale proceeds in full and final settlement.