Facts
The appellant challenged the dismissal of her suit for declaration and injunction concerning property at Chinnappanahalli, including Site No. 39, which she claimed formed part of her purchased property.
Source reference: pp. 3–5During the appeal, the appellant and Respondent No. 1 filed a compromise petition under Order XXIII Rule 3 CPC.
Source reference: pp. 6–11Under its terms, Respondent No. 1 acknowledged the appellant’s title, agreed to relinquish his claim and deliver possession, and the appellant agreed to pay him ₹40 lakh.
Source reference: pp. 6–11The compromise recorded that the payment had been made and possession and original title documents had been delivered.
Source reference: pp. 6–11The appellant also sought dismissal of the appeal against Respondents 2 to 9 as not pressed.
Source reference: pp. 3, 11Issues
1. Whether the appeal against Respondents 2 to 9 should be dismissed as not pressed
Source reference: p. 32. Whether the compromise between the appellant and Respondent No. 1 should be recorded and the suit decreed in its terms
Source reference: pp. 4, 11–12Law Applied
Order XXIII Rule 3 CPC provides for recording a lawful compromise in writing and signed by the parties, and for a court to pass a decree in accordance with it.
Source reference: no citationSection 96 CPC provided the procedural basis for the regular first appeal.
Source reference: no citationThe judgment records no precedent or separate substantive rule governing title; the relief was resolved by consent rather than adjudication of the competing claims.
Source reference: no citationReasoning
The Court noted that the parties were present, identified by their respective counsel, and confirmed that they had entered the settlement voluntarily, without coercion or undue influence.
Source reference: pp. 11–12It accepted the compromise petition and disposed of the appeal in its terms.
Source reference: pp. 11–12Separately, it acted on the appellant’s submission that the appeal against Respondents 2 to 9 would not be pressed.
Source reference: pp. 3, 12Holding
The appeal was dismissed as not pressed against Respondents 2 to 9.
The Court recorded the compromise between the appellant and Respondent No. 1, set aside the trial court’s judgment and decree, and decreed the suit in accordance with the compromise; a decree was directed to be drawn on those terms.
Source reference: p. 12The Court also directed refund of the court fee to the appellant, subject to identification and applicable law.
Source reference: p. 12Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19081
Original Court PDF
SMT K C GIRIJAvsSRI LUDURAM PATEL
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