V. VEERESH Vs. K. SHARANAPPA

JUDGEMENT

(1.) The appellants are before this Court challenging the judgment dated 01.02.2019 passed in R.A.No.53/2015 by the Senior Civil Judge & JMFC., Sindhanur, sitting at Manvi and for confirmation of the judgment and decree passed in O.S.No.55/2015 dated 19.11.2015 passed by the Civil Judge & JMFC., Manvi.

(2.) The respondent herein has filed O.S.No.55/2015 seeking for a declaration that the compromise decree obtained by the defendant Nos.1 to 4 from the court of Civil Judge, Manvi from LokAdalath in O.S.No.60/2012 dated 30.06.2012 are illegal, null, void, inoperative and not binding on the plaintiff. In the said suit, an application came to be filed by the appellants herein contending that there is another suit in O.S.No.115/2015 which is pending before the Senior Civil Judge, Sindhnoor, sitting at Manvi on the very same subject matter. Therefore, the suit in O.S.No.55/2015 is required to be stayed.

(3.) A perusal of suit in O.S.No.55/2015 indicates that what has been challenged therein is the compromise decree passed in O.S.No.60/2012 dated 30.06.2012. A perusal of O.S.No.115/2015 indicates that what has been challenged is the decree passed in O.S.No.1/2015 dated 06.04.2015 before the Lok-adalath. Thus, in both the suits, what has been challenged is the decree passed before the Lok-adalath though in different suits viz., O.S.No.60/2012 and O.S.No.1/2015. It is due to the said compromise decrees, O.S.Nos.55 and 115 of 2015 came to filed challenging the compromise decrees.