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NIKHIL S. KARIEL
Prakash Robin Nayudu – Appellant
Versus
Rev. Imanuel S. Kant – Respondent
Key Points: - Suit challenging a compromise decree where the decree itself is not challenged is barred by Order XXIII Rule 3A CPC. (!) (!) - A third party not party to the compromise decree cannot file an independent suit challenging the basis of the compromise; remedies are appeal with leave under Section 96(1) or a review, per Full Bench guidance. (!) (!) (!) (!) (!) - The court must consider maintainability of the suit, and where the suit is not maintainable, interim relief is not justified; the decision upheld the lower appellate court’s dismissal/rejection of the petitions. (!) (!)
JUDGMENT :
1. Heard learned Advocate Mr.Y.S. Ravani appearing on behalf of the petitioners and learned Sr. Advocate Mr.Asim Pandya appearing with learned Advocate Mr.Bhatt for the respondents No.15, 16, and 17 in Special Civil Application No.10424 of 2022 and for the respondents No.9 and 12 in Special Civil Application No.10426 of 2022.
2. Since both the petitions challenge the very selfsame decision i.e. the judgment and order dated 6.5.2022 in CMA No.18 of 2022 and No.19 of 2022, both the petitions are taken up for hearing jointly and decided vide the present common order.
3. It appears that CMA No.18 of 2022 had been filed by the original defendants No.15 to 19 in Regular Civil Suit No.46 of 2019 and whereas the judgment passed by the learned lower Appellant Court in CMA No.18 of 2022 is challenged in SCA No.10424 of 2022 and CMA No.19 of 2022 had been filed by the original defendants No.9, and 11 to 14 in Regular Civil Suit No.46 of 2019 and whereas the judgment passed by the learned lower Appellant Court in CMA No.19 of 2022 is challenged in SCA No.10426 of 2022.
4. Brief facts leading to filing of the present petitions, shorn off unnecessary details, are mentioned herein below:-
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