PRINCIPAL BENCH AT BENGALURU
SRI MANJAPPA – Appellant
Versus
SRI RAMADASAIAH – Respondent
This intra-court appeal seeks to lay a challenge to a
learned Single Judge's order dated 23.03.2023 whereby
W.P.No.55576/2014 (KLR-RES) having been allowed, the
orders passed by the Revenue Courts having been set at
naught and a direction has been issued to the 4th
respondent – Tahasildar herein to effect mutation of entry
- 3 -
in favour of the 1st respondent – writ petitioner in terms of
the compromise decree entered in O.S No.350/1997,
concerning the subject property.
Learned counsel for the appellants vehemently
argues that the impugned order is liable to be voided
inasmuch as the appellants were not parties to the subject
suit which was decreed on the basis of a fraudulent
compromise. In support of his case, he cites decision of
the Apex Court in S.P.CHENGALVARAYA NAIDU (DEAD) BY
LRS vs. JAGANNATH (DEAD) BY LRS, AIR 1994 SC 853 to the
effect that fraud vitiates everything and therefore, no
relief could have been granted to the writ petitioner.
Having heard the learned counsel for the appellants
and
the
learned
Additional
Government
Advocate
appearing
for
the
official
respondents,
we
decline
indulgence in the matter broadly agreeing with the
reasoning on which the impu
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