B. KISHANLAL Vs. SHYAM SUNDER

JUDGEMENT

(1.) Petitioner being the applicant in FDP No.16/2016 arising from a compromise decree dated 14.08.2018 in the suits filed by both the parties (O.S.No.1145/2003, O.S.No.6573/2007 & O.S.No.4/2018) is knocking at the doors of Writ Court complaining against the order dated 13.08.2020, a copy whereof is at Annexure-A whereby his application filed under Section 151 of CPC, 1908 for recalling the compromise decree has been negatived by the learned VI Additional City Civil Judge, Bengaluru.

(2.) After service of notice, the respondent having entered Caveat through his counsel opposes the writ petition making submission in justification of the impugned order and the reasoning on which it is structured.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court although declines to grant indulgence in the matter, some equity is worked out as under and for the following reasons: