B. P. NAGARAJ Vs. B. P. NANJAPPA

JUDGEMENT

(1.) There was a partition suit in O.S.No.114/1990; it was filed inter alia by the petitioners & three others against the respondents 1 & 2 herein; all the parties happen to be the children of one late Puttappa; however, 5th Plaintiff Smt.Nanjamma was his widow; properties comprised in the suit apparently are huge and several; suit was resisted by filing the Written Statements; this suit came to be decreed on 25.01.1995 in terms of evenly dated Compromise Petition; the said decree having been vacated on the ground of fraud & mispresentation in terms of 1st respondent-Mr.Nanjappa s Misc. Case No.9/2009 decided on 27.11.2019, this writ petition is filed for laying a challenge thereto.

(2.) After service of notice contesting respondents having entered appearance through their counsel resist the writ petition making submission in justification of the impugned order and the grounds on which it has been constructed. During the interregnum between making of the Compromise Decree and filing of the subject Misc. Case, there were certain other legal proceedings for voiding the said decree; however, they do not have much significance to the adjudication of this writ petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter for the following reasons: