above compromise and the above
compromise shall be a part of the decree.
6. The sum and substance of the above compromise
petition is that ... along
with plaintiff. They contended that the partial compromise
between some of the defendants and plaintiff is not
maintainable. Further it is contended that where
would be impossible to recognize such a compromise. Again, suppose B gives up to A under the compromise some specific valuable items of property ... would be futile to ask the Court to enforce the partial compromise. Again, I may vary the illustration by supposing that B admits some items
partition dated 18.11.2005 are null and void. The
alleged admission in the compromise petition regarding the
title of Respondents 3, 4, 6, and 7 pertains ... interpreted
'ejusdem generis', and a compromise petition does not fall
within its ambit. A compromise petition inherently involves
obligations and counter-obligations. Unless
partition dated 18.11.2005 are null and void. The
alleged admission in the compromise petition regarding the
title of Respondents 3, 4, 6, and 7 pertains ... interpreted
'ejusdem generis', and a compromise petition does not fall
within its ambit. A compromise petition inherently involves
obligations and counter-obligations. Unless
subject property
devolves by virtue of compromise would only stand in the
shoes of parties to the compromise and that who are not
signatories ... remotely; that
being the position, the impugned order refusing to record
partial compromise in terms of parties & property is
unsustainable.
6
(b) This court
XXII to recall the order passed
under compromise petition dated 13.11.2019.
2. The plaintiffs filed a compromise petition only
along with defendant ... suit, consent for amicable settlement, there
cannot be a partial compromise excluding the other family
Adalat recording, the compromise and closing the
proceedings. This happens in the year 2022. Petitioner does not
honor the compromise or partially honors the compromise ... proceedings that have progressed in the
execution and has partially complied the compromise, by
paying Rs.20 lakhs in terms of the compromise
appeal, defendants no.4 and 5 filed compromise petition
for recording partial compromise, without notice to Sriyuths
Ramaiah, Siddappa and Nanjappa. Said compromise petition ... filed one
more application before trial Court for partial compromise,
which was also allowed without opportunity to Sriyuths
Ramaiah, Siddappa and Nanjappa and sent back
application seeking compromise on
the ground that in a compromise petition, all the parties should
be present, there cannot be a partial compromise.
The concerned ... settled principle of law that
there can be a partial compromise between few of the plaintiffs
and few of the defendants in a suit
pendency of the suit
Appellant/plaintiff has entered into a partial
compromise with Defendants 7 to 11, as per the
terms of which, amongst others ... allotted to the appellant/plaintiff
as per the terms of the partial compromise filed in
O.S.No.21/2008
