Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.Mudagal, J, K.V. ARAVIND
H. Muni Reddy S/o Late Munivenkatappa – Appellant
Versus
K.N. Muniyappa Reddy S/o Late Hosa Reddigara Nanjappa – Respondent
| Table of Content |
|---|
| 1. background facts of the case involving family property disputes. (Para 1 , 2) |
| 2. factual background concerning property ownership. (Para 3 , 4 , 5 , 6 , 10 , 11) |
| 3. previous suits and their impact on current case. (Para 12 , 13 , 14 , 15) |
| 4. admissibility of earlier proceedings in the current appeal. (Para 20 , 21 , 22) |
| 5. legal reasoning regarding the nullity of judgments obtained by fraud. (Para 26) |
| 6. fraudulent acts undermining judicial decisions. (Para 28 , 30) |
| 7. judicial finding on nullity of orders due to fraud. (Para 32 , 34) |
JUDGMENT :
K.S. MUDAGAL, J.
1. This appeal is preferred challenging the judgment and decree dated 30.08.2011 in O.S.No.1103/2009 passed by the Fast Track Court-IV, Bengaluru Rural District, Bengaluru.
2. Respondent Nos.2 and 3 are the sons and respondent No.4 is the daughter-in-law of respondent No.1. Respondent Nos.2 to 4 were plaintiff Nos.1 to 3 and respondent No.1 was the sole defendant in O.S.No.1103/2009 before the Trial Court. Appellant was not a party in the suit.
3. The facts leading to this appeal are as follows:
The appellant and respondents are blood relatives. Their admitted pedigree is as follows:
4. Survey No.200/2 measuring 2 acr
Fraud undermines judicial integrity, nullifying judgments obtained through deceptive practices and asserting the rights of adopted heirs against fraudulent claims.
Judgments obtained through fraud can be recalled; however, mere allegations without proof do not suffice.
Fraud vitiates every solemn proceeding, and no right can be claimed by the fraudsters on the ground of technicality.
Fraud vitiates every solemn act – Fraud and justice never dwell together and it cannot be perpetuated or saved by application of any equitable doctrine.
Fraud vitiates even the most solemn transactions, and restitution is not applicable when the petitioner was guilty of fraud.
Fraud vitiates all judicial acts; judgments obtained by fraud are null and void, as established in the Indian Contract Act, 1872.
FRAUD VITIATES EVERYTHING AND ANY BENEFIT OR ADVANTAGE ACQUIRED BY ANY PARTY THROUGH FRAUDULENT ACTS CANNOT BE ALLOWED TO BE RETAINED BY SUCH PARTY.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
