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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.SESHASAYANA REDDY
S.Subrahmanyam Reddy – Appellant
Versus
Darga Sathaiah @ Ramalkolu Sathaiah – Respondent
ORDER :
B.SESHASAYANA REDDY, J.
This petition has been filed under Section 151 CPC to recall the compromise decree dated 20-8-2007 in A.S.No.2327 of 2004. The petitioners are third parties to A.S.No.2327 of 2004.
2. Facts, in brief, leading to filing of A.S.No.2327 of 2004 by the plaintiffs in O.S.No.626 of 1996 on the file of II Additional Senior Civil Judge, at L.B.Nagar, are:-
Ramalkolu Veeraiah had four sons and two daughters, namely, Darga Sathaiah @ Ramalkolu Sathaiah, Darga Bikshapathi @ Ramalkolu Bikshapathi, Darga Sankiaraiah @ Ramalkolu Sankaraiah, Ramalkolu Pentaiah, Ramalkolu Pentamma and Rajamma. Veeraiah died on 09-08-1988. Darga Sathaiah, Darga Bikshapathi and Darga Sankaraiah filed O.S.No.626 of 1996 for partition and separate possession of their shares i.e., 1/4th each in the suit schedule property. The suit schedule comprises agricultural land admeasuring Ac.3-37 guntas and a house bearing No.3-74. According to them, the suit schedule properties belong to their father Veeraiah and therefore, they are entitled to 1/4th share each. It is also their case that defendants 2 to 5, namely, Ramalkolu Rukmaiah, Ramalkolu Balaraj, Ramalkolu Gandaiah, Ramalkolu Narayana have no
A compromise decree may be recalled if it is found to have been executed under circumstances of deception and non-disclosure of relevant information regarding property rights.
When they are not shown to be in any manner perverse, illogical and irrational, resultantly, the substantial questions of law formulated are accordingly answered infavour of the plaintiff and against....
The judgment emphasizes the importance of establishing ownership over property and highlights the consequences of a compromise decree on property rights.
The court affirmed that a compromise decree reached finality and cannot be challenged in subsequent proceedings, establishing the plaintiff's ownership and entitlement to possession.
In partition suits, a compromise among co-owners is valid even in the presence of third-party claims, provided it does not extinguish their rights.
Family property - family settlement must be a bona fide one in order to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various member....
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.
A preliminary decree in partition cases cannot be reopened during final decree proceedings, ensuring established determinations are upheld.
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.
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