Final decrees derived from consent among parties are upheld, even if not formalized through written compromise, as long as there is no legal infirmity.

ORDER

The civil revision petition has been filed challenging the order dated 03.01.2018 passed in I.A.No.1199/2012 in FDIA No.2980/1988 in O.S.No.100/1984 on the files of the Additional Subordinate Judge’s Court, Palakkad. The petitioner is the legal representative of the deceased 1^st respondent in the final decree application. His case is that he has not been heard while deciding the final decree application. The issue had come up before a Division Bench of this Court in RFA No.47/2011 . This Court found that only the 1^st defendant had contested the final decree application and his objections were conceded by all other parties and final decree was passed on consent. It was not on the basis of a written compromise. The court below in I.A.No.1199/2012 considered the contentions put forward by the petitioner and held that there is no reason to entertain the petition in view of the judgment of this Court in RFA No.47/2011 . The court found that the final decree had merged with the judgment of this Court wherein similar contentions raised by all other legal representatives were found against. I do not find any legal infirmity in the order passed.

The civil revision petition fails and is dismissed.