KINKANNA Vs. S. YELLAPPA

JUDGEMENT

(1.) Petitioner being the plaintiff in a partition & declaration suit in O.S.No.664/2007 is invoking the writ jurisdiction of this Court seeking invalidation of the compromise decree dated 03.03.2014 entered on the file of the Fast Track Court No.II, Bengaluru Rural District, Bengaluru, to the extent the same compromises Item Nos.

(2.) and 3 of the suit schedule properties on the ground that the same has been secured by playing fraud. 2. Learned counsel for the petitioner vehemently contends that: in view of decision of the Apex Court in S.P. CHENGALUVARAYA NAIDU Vs. JAGANNATH, (1994) 1 SCC 1, "fraud vitiates everything", as echoed by Lord Edward Coke of England centuries ago; there is prima facie material which establishes the fraud perpetrated that resulted into the making of compromise decree in question; that being so, the indulgence of Writ Court is eminently warranted for setting the injustice at naught;

(3.) Having heard the learned counsel for the petitioner and having perused the petition papers, this Court on the ground of alternate and equally efficacious remedy, declines to grant indulgence in the matter inasmuch as, the petitioner can maintain an application under Sec.151 r/w Order XXIII Rule 3A of CPC, 1908 before the very court for setting aside the compromise decree vide Apex Court decision dated 06.05.2020 in Civil Appeal No.(0S) 3961/2010 between TRILOKI NATH SINGH vs. ANIRUDH SINGH .