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SANJEEV KUMAR
Ab. Majeed Ganie – Appellant
Versus
Ab. Rahim Bhat – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
1. The petitioner has invoked extraordinary writ jurisdiction of this Court vested by Article 226 of the Constitution of India to issue a writ of certiorari to quash judgment and decree dated 13.11.2019 passed by the Court of learned Munsiff (Additional Special Mobile Magistrate), Beerwah ("the trial Court"] in file No. 56/N titled Ab. Rahim Bhat & Ors. v. Ab. Majeed Ganie. The petitioner also seeks quashment of execution petition filed before the trial Court for executing the impugned judgment and decree.
2. From reading of the writ petition, it transpires that while a civil suit for permanent prohibitory injunction filed by the respondents against the petitioner was pending adjudication in the trial Court, the parties entered into a compromise, which was reduced in writing in terms of deed executed on 25th October, 2019. On the basis of this compromise deed and after recording statements of both the parties, the trial Court passed a compromise decree dated 13.11.2019. The decree was accepted by all the parties including the petitioner herein. It was only on 25th October, 2021, almost three years after passing of the decree, the petitioner moved the trial
Judicial orders of civil courts are not amenable to writ jurisdiction under Article 226; challenges to compromise decrees must be made within the same court that issued them, and such decrees can onl....
An executing court cannot enforce a compromise agreement that modifies a decree or increases liability; enforcement is limited to the original terms of the decree.
A consent decree obtained through fraud is void, and courts must investigate claims of fraud before accepting the decree as valid.
A party aggrieved by a compromise decree has a right to challenge the compromise decree by way of an appeal or to approach the same court which passed such decree by way of an appropriate application....
The main legal point established in the judgment is that a stranger to a suit/lis is not entitled to seek setting aside of a compromise judgment and decree and cannot invoke supervisory jurisdiction ....
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