RENUKA Vs. RAMANAND

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following relief: TO QUASH THE COMPROMISE DECREE dtd. 26/7/2014 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AT HUBBALLI (LOK ADALAT) IN O.S.NO.246/2014 VIDE ANNEXURE-"A" AND THE COMPROMISE PETITION dtd. :26/7/2014 VIDE ANNEXURE-"E" AND CONSEQUENTLY RESTORE O.S.NO. 246/2014 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AT HUBBALLI FOR FRESH CONSIDERATION ON MERITS.

(2.) The grievance of the petitioner is that a compromise petition was entered into in O.S. No.246/2014 pending on the file of the Principal Senior Civil Judge at Hubballi in the Lok-Adalat proceedings by a person claiming to be the power of attorney holder of the petitioner and as such the petitioner's interest in the suit schedule property therein has been compromised without the knowledge of the petitioner and therefore a fraud has been committed on the petitioner by resorting to an abuse of the process of the Court and filing of a compromise petition in the Lok-Adalat.

(3.) Sri.Mahesh Wodeyar, learned counsel for the petitioner submits that the suit in O.S. No.246/2014 had been filed by respondent No.2 herein against the petitioner represented by the power of attorney holder seeking for specific performance of an alleged agreement of sale dtd. 25/4/2014 which is alleged to have been executed by the alleged power of attorney holder of the petitioner.