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Judgment
Compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure is presented, signed by the parties and their respective advocates.
Second appellant is represented by power of attorney holder-Sri H.S.Sridhar Achar.
Sri. Shivasai M. Patil, learned counsel has filed vakalath for respondent No.5 along with copy of the special power of attorney executed by respondent No.5 in favour of respondent No.4.
Learned counsel for respondent Nos.3, 4 and 5-Sri Shivasai M. Patil would submit that inter se dispute among the respondents would be sorted out in a separately constituted suit or by amicable settlement. As such, the main dispute between the appellants on one side and respondents on the other side is now sought to be closed by the present compromise petition.
Contents of the compromise petition is read over to the parties and the parties agree that the terms of the compromise petition and the distribution of the property as per the decree of the Trial Court and First Appellate Court is now sought to be modified vide Schedule ‘A’ and Schedule ‘B’.
Parties agree that there is no force, undue influence or coercion in reaching out the terms of the compromise.
As such, there is no impediment for this Court to accept the compromise petition and dispose of the appeal in terms of the compromise petition.
Accordingly, the following:
ORDER
Appeal is allowed in part.
Office is directed to pass modified decree in terms of the compromise petition appending copy of the compromise petition as part of the decree.
Refund of permissible court fee allowed.
Ordered accordingly to law.