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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.Krishna Kumar, C.M.Poonacha
Regular First Appeal No. 100049 of 2024 (DEC/INJ-) – Appellant
Versus
Shivangouda, S/O. Satteppa Nadagouda – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
This appeal is by the unsuccessful plaintiff in OS No.527/2018 is directed against the impugned judgment and decree dated 06.10.2023 whereby the said suit filed by the appellant-plaintiff against the respondents-defendants for declaration and permanent injunction and other reliefs in relation to the suit schedule immovable property was dismissed by the trial Court.
2. A perusal of the material on record will indicate that the appellant-plaintiff is none other than the brother of the respondents-defendants. On 04.11.1991, the appellant instituted a suit in OS No.340/1991 against his father, brothers and others for partition and separate possession of his share in the suit schedule immovable properties. In the said suit, the respondent herein is arrayed as defendant No.4. On 30.07.1992, the parties entered into a compromise in OS No.340/2021 pursuant to which, out of the total extent of land bearing survey No.142/1 measuring 9 acres 12 guntas, an extent of 5 acres was allotted in favour of appellant-plaintiff in terms of the compromise. It was contended that pursuant to the aforesaid compromise decree dated 30.07.1992, a khata in relation to the aforesa
Compromise decrees are binding unless legally challenged, and mere allegations of fraud do not invalidate established agreements without sufficient proof or a court ruling to the contrary.
A consent decree, valid under CPC rules, cannot be challenged in independent suits; remedy lies only in the court that recorded the compromise.
A party cannot challenge a compromise decree through a separate suit due to the restrictions imposed by Order 23 Rule 3-A of the Civil Procedure Code.
(1) No suit shall lie to set aside a decree on the ground that compromise on which decree is based was not lawful.(2) Mere clever drafting would not permit plaintiff to make suit maintainable which o....
Compromise decrees in partition suits involving minors without their inclusion are void and can be challenged based on coercion or lack of lawful procedure.
A party may file a suit to enforce a compromise decree when non-compliance is proven, regardless of previous dismissals for the same cause of action.
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