ORDER :

1. The petitioner has assailed the judgment and decree/award dated 14.05.2016 passed in Civil Suit No. 12-A/2016 parties being “Dharam Singh Thakur Vs. Viranchi Toppo”, by the National Lok Adalat, Khandpeeth No. 05, Rajnandgaon, District Rajnandgaon (C.G.) on the ground that the said compromise judgment and decree/award has been obtained by playing fraud.

2. The facts of the present case are that the respondent filed a civil suit for specific performance of the contract in respect of suit land bearing survey No. 334/1, 334/2, 334/3, 335/1, 335/2, 336 & 337 admeasuring 3.962 hectares situated in Village Baghera, Patwari Circle No. 17, Revenue Circle Ghumka, Tahsil & District Rajnandgaon (C.G.). The suit was filed on the ground that the petitioner entered into an agreement to sell with the respondent for a sale consideration of Rs.3 lacs and the deed was executed on 16.12.2013. Rs.20,000/- was given as earnest money and the balance amount of Rs.2,80,000/- was to be given at the time of execution of the sale deed and the sale deed was to be executed within one year. Rin-Pustika was missing; therefore, the petitioner executed an agreement for extension of time on 20.07.2014 and 1