JUDGMENT

T.S. THAKUR, J.

1. Leave granted.

2. Can the validity of a decree passed on a compromise be challenged in a separate suit is the short question that falls for determination in this appeal. It arises in the following circumstances:

3. The appellant filed a suit for declaration to the effect that gift-deed dated 12th August, 1982 executed by one Ramaiah was void and for a permanent prohibitory injunction restraining the defendant-respondent from alienating the suit schedule property or interfering with the peaceful possession and enjoyment of the same by the plaintiff. By its judgment and order dated 25th March, 1991, the Trial Court decreed the suit holding the gift-deed in question to be null and void, hence not binding on the plaintiff-appellant. Defendants No.2 and 3 in the said suit were also directed to demolish the building constructed in the schedule property and surrender possession thereof to the plaintiff. Aggrieved by the judgment and decree passed against him the respondent filed RFA No.223 of 1991 before the High Court of Karnataka at Bangalore. According to the respondent a compromise petition was in terms of Order XXIII Rule 3 of Civil Procedure Code filed by