SUBHADRABAI SINCE DECEASED BY L.RS. ANANTRAO Vs. ANANTHRAO SINCE DECEASED BY HIS L.RS. SMT. SHARADABAI, A. PRAHLAD RAO, A. RAGHAVENDRA RAO AND A. VYASRAJ RAO

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that the judgment debtor advanced the following objection to the execution of the compromise decree, before the executing Court in Ex. Case No. 534/2010; That a fraud is played by one Ananthrao S/o Venkatrao who did not affix his signature to the compromise petition in RFA No. 1795/2005, while the person who signed the compromise petition as the respondent is one Raghavendrarao S/o Anantrao, not a party to the proceeding. That objection when rejected by order dated 04.06.2012 Annexure 'F', led to filing IA under Order 47 Rule 1 of the Code of Civil Procedure, 1908 (for short 'CPC') for review, which too when rejected by order dated 29.07.2013 Annexure 'F' has resulted in this petition.

(2.) LEARNED counsel advances the following submission: - -

(3.) SECTION 47 of CPC though provides for an adjudication over all matters concerning execution, discharge, or satisfaction of the decree, in my considered opinion, having regard to the decision of the Apex Court noticed supra, which does not include allegation of fraud in obtaining the decree, unless such a decree is of the Court executing the decree, the second submission is rejected.