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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Shivavva @ Shantavva Banadavar Since Dead by Her LRs. Maruti – Appellant
Versus
Shivaling Bannappa Omannavar Alias Hanjibutti – Respondent
ORDER :
1. The petitioner is before this Court seeking the following prayer:
“a. Issue a Writ of Certiorari to set aside the Compromise decree dated 21-08-2023 passed by the Principal Senior Civil Judge and Hukkeri at Hukkeri in OS No.291 of 2022 as per ANNEXURE-G and restore the suit by issue any other suitable writ or directions.
b. Issue such other suitable orders or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.”
2. The suit is instituted in O.S. No.291 of 2022 seeking partition and separate possession. It transpires that the petitioner executes a general power of attorney to conduct the case before the concerned Court on 19.08.2022. One week thereafter, the matter ends up in a compromise.
3. Learned counsel for the petitioner now submits that the general power of attorney did not indicate entering into a compromise and taking away the rights of the petitioner, it was only to conduct the case. One week within execution of the general power of attorney, the matter is compromised and the proceeds are now distributed to all. Learned counsel submits that the issue in the lis stands answered by the
Compromise decrees must be entered with proper representation and knowledge of all parties; if procured without consent, they are invalid.
Challenges to compromise decrees based on fraud must be made in the court that issued the decree, and such allegations require substantial proof.
(1) Compromise of suit – To recall a compromise that has been recorded would call for strong reasons. Terms of a compromise decree cannot be avoided, unless allegation of fraud has been proved.(2) Wh....
Lok Adalat compromise decrees, though final under Section 21, can be set aside in writ jurisdiction if vitiated by fraud like non-service of summons and misrepresentation to illiterate disabled party....
The judgment emphasizes the responsibility of the Court to ensure that parties, especially illiterate ones, understand the terms and consequences of a compromise before accepting it.
The importance of providing a sufficient cause for condonation of delay and the interpretation of the authority of a representative to enter into a compromise.
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