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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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