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2025 Supreme(Online)(Kar) 16463

KARNATAKA HIGH COURT
M.NAGAPRASANNA, J
SRI. SRINIVASA REDDY T. – Appellant
Versus
SMT. MADAMMA, by NAGAVENI W/O LATE VEERAIAH – Respondent


Advocates:
For the Appellants/Petitioners: SRI. D.R. RAVISHANKAR, SR. COUNSEL FOR SRI. BEERESH H.
For the Respondents: None

Table of Content
1. petitioner alleges fraud in a compromise decree. (Para 2 , 3)
2. court emphasizes justice over technicalities. (Para 4 , 5)
3. delay should be considered in light of merits. (Para 6 , 7)

ORAL ORDER

The petitioner is before this Court, seeking the following prayer:

"a) Call for records in Misc No 116/2025 passed by the I Additional Civil Judge (Senior Division) Bangalore District, Bangalore.

b) Set-aside the Order in Misc No 116/2025 dated 16-06-2025 passed by the I Additional Civil Judge (Senior Division) Bangalore District, Bangalore.

c) Pass such other order/further orders as this Hon'ble Court deems fit under the facts and circumstances of the case."

2. Heard the learned Senior counsel, Sri. D.R. Ravishankar, appearing for the petitioner and have perused the material on record.

3. The petitioner was not a party in O.S.No.20/1998. The petitioner is said to have come to know of a compromise entered into between the parties to the suit in O.S.No.20/1998 on 23.06.1998. The issue is not with regard to the merit of the claim of the petitioner. The petitioner files miscellaneous application before the concerned Court alleging that the compromise decree was by playing fraud an

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