P N KRISHNAMOORTHY BHAT Vs. SHIVAPRASAD

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 21th January 1981 passed by the learned Civil Judge, Udupi, allowing IA No. VI filed by the respondents in OS No. 28/78. That is an application filed by the respondents for amendment of the decree passed in the aforesaid suit on the basis of a compromise. The learned Civil Judge has allowed the application in its entirety.

(2.) The petitioner has resisted the application on various grounds. The application for amendment of the decree has been filed under the -following circumstances : The respondents have filed the aforesaid OS No. 28 of 1978 against (he petitioner for possession of the suit Schedule properties which consist of moveable as well as immoveable properties. The reliefs sought for in the plaint were as follows :

(3.) Sri Ramanand, learned counsel for the petitioner, submits that since the decree in question is a consent decree passed in pursuance of the compromise arrived at by the parties, it is not open for the Court to amend that decree at the instance of only one of the parties to the compromise without the consent of the other party that it is not open for the decree holder to relinquish certain portions of the compromise decree so as to make the decree enforceable ; that the effect of the order of the lower Court is to completely change the decree, as such, it is impermissible in law.