VIDYA Vs. DEEPAK

JUDGEMENT

(1.) The respondent Nos.1 to 3 along with their mother Shantawwa insisted a suit in O.S.No.141/2010 for declaration, partition and separate possession of their shares in the suit schedule immovable properties and for other relief's. In the said suit, the petitioners herein were arrayed as defendant Nos.9A to 9C. On 13.11.2014, a compromise petition came to be filed between the plaintiffs and defendant No.8, whereby they deleted defendant Nos.1 to 7 as well as defendant Nos.9A to 9C on the ground that the matter has been amicable settled between the parties. By order dated 13.11.2014, the trial Court decreed the suit in terms of the aforesaid compromise petition.

(2.) Aggrieved by the said order, recording compromise and passing the compromise decree, petitioners-defendant Nos.9A to 9C filed an application under Section 151 of CPC, seeking setting aside the said compromise decree passed by the Court. By the impugned order dated 19.03.2015, the trial Court rejected the said application filed by the petitioners herein and consequently confirmed the compromise decree. Before this Court, the defendant No.8 in the suit is arrayed as respondent No.11. Both the petitioners herein- defendant Nos.9A to 9C and respondent No.11- defendant No.8 have filed a compromise petition which reads as under;

(3.) The compromise petition has been signed by the petitioners as well as the respondent No.11 and also their respective counsels.