IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO 8047 OF 2022 (Arising out of SLP ( C) No. 6750 of 2010)
YOGEGOWDA(D) TR.LRS. & ORS. APPELLANT(S)
VERSUS
CHANNEGOWDA (D) THR.LRS. & ORS. RESPONDENT(S)
J U D G M E N T
Leave granted.
The appellants herein are before this Court assailing the
judgment dated 10.09.2009 passed by the High Court of
Karnataka, whereby the High Court had concurred with the
findings and conclusion of the trial court through its judgment
and decree dated 19.06.2000. Through the said judgment the
trial court had decreed the suit in part granting 1/5th share
to each of the parties. During the pendency of this appeal the
parties have negotiated the compromise amongst themselves and
have reduced the said compromise into writing through the
Memorandum dated 18.10.2022 which is supported by the affidavit
of the parties.
It is to be taken note that one among the brothers namely,
Shri Saganegowda who was defendant No. 3 in the suit was
contended to have left the family much earlier and had resided
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separately. Though a share has been assigned to him by the
trial court and the said Shri Saganegowda had also
independently filed an appeal before the High Court, the said
appeal has been withdrawn and has not shown interest in the
suit schedule properties. In that view, no share in the...