Karnataka High Court Civil Procedure and Evidence Property and Real Estate Law

Three Brothers Settle Gulbarga House Dispute By Keeping The Portions They Occupy: Karnataka HC Accepts Compromise

DIGAMBAR RAO S/O VITHAL RAO@JEEVANRAO KULKARNI AND ANRv.MANIKRAO S/O VITHAL RAO JEEVANRAO KULKARNI

By LawLens Team · Editorial and Research TeamDecided October 29, 2026Published 7 November 2026 at 12:20 am IST1 min read

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In brief

The question

1. Whether the parties’ compromise could be accepted and the second appeal disposed of on its terms.

The court held

The Court accepted the compromise petition and disposed of the second appeal in accordance with its terms.

It also directed

It directed that a decree be drawn on that basis.

01Facts

The appellants challenged the decree in O.S. No. 248/2008, which had been affirmed in R.A. No. 20/2011.

pp. 1–2

While the second appeal was pending, the parties—three brothers—filed a compromise petition resolving their dispute over houses bearing Nos. 10-854 and 10-855.

pp. 3–8 · ¶ 3

They agreed to retain the respective portions in their possession, set out the boundaries and arrangements for common walls, and cooperate in recording their respective names in the corporation records.

pp. 3–8 · ¶ 3

The Court obtained confirmation of the terms from the parties, including through video calls for parties unable to attend physically.

p. 3 · ¶ 1–4

02Issues

i.1. Whether the parties’ compromise could be accepted and the second appeal disposed of on its terms.

pp. 8–9 · ¶ 4–7

ii.2. Whether any legal impediment prevented the Court from accepting the compromise petition.

p. 9 · ¶ 6

03Law Applied

The appeal was brought under Section 100 of the Code of Civil Procedure, 1908.

p. 2

It records the Court’s conclusion that there was no legal impediment to accepting the compromise placed before it.

p. 9 · ¶ 6

Provisions in the judgment · 1 · Linked ones open on LawLens

Code of Civil Procedure, 1908 Section 100

04Reasoning

The Court noted that the compromise petition set out the parties’ agreed shares, property boundaries, rights concerning common walls, and obligations regarding municipal records.

pp. 3–8 · ¶ 3

After the terms were read over and explained to the parties, they confirmed their understanding and consent and asked the Court to dispose of the appeal accordingly.

p. 8 · ¶ 4

Having reviewed the petition and found no legal impediment, the Court accepted it.

p. 9 · ¶ 5–6