NAGAWA Vs. YALLAWWA

JUDGEMENT

(1.) The petitioner has called in question the order passed by the Principal Senior Civil Judge, Gokak in Civil Miscellaneous No.4/2011 filed under Sec. 151 of CPC, wherein the said Miscellaneous petition came to be rejected.

(2.) I have heard the arguments of the learned counsel of the petitioner and the counsel for the respondent, and carefully perused the entire materials on record.

(3.) The fact that divulged from the records are that, the plaintiff and the defendant in O.S.No.92/2006 have entered into a compromise before the Lok Adalath on 22/4/2006 agreeing to compromise the dispute between themselves with reference to the suit schedule properties. Subsequently, the defendant No.2 found that there was a fraud played upon him to the effect that some of the properties which were the self acquired properties of defendant No.2 were allotted to some other party to the suit. Therefore, he made an application before the Principal Senior Civil Judge, Gokak who passed the decree on the basis of the compromise petition accepted by the Lok Adalath for correction of the said decree.