MALIKSAB JANGLISAB KHAZI Vs. KUMARI SAMEENA

JUDGEMENT

(1.) Smt. Davalma, while serving as an Assistant Teacher in Government Urdu School at Balligeri of Athani Taluk in Belgaum District, passed away on 26-2-2007. Her daughter i.e., respondent herein, filed O.S. No. 66 of 2007 against her father i.e., the petitioner herein, in the Court of Civil Judge (Senior Division) at Athani, to pass a decree declaring that she alone is entitled to claim and receive the terminal benefits from the Government i.e., employer of her mother and also receive the compensation amount payable under the Motor Vehicles Act, 1988. Alternatively, she prayed for awarding half share in the suit properties i.e., moveable and immoveables shown in schedule of the plaint. The suit having been referred to Lok Adalath and the parties--daughter and father having amicably settled the dispute and a compromise petition having been filed, the Trial Court passed a decree on 9-3-2007. The suit was decreed in terms of the compromise petition filed by the parties. Assailing the said decree, this writ petition has been filed.

(2.) Heard the learned Counsel for petitioner and perused the writ petition record.

(3.) Suit has been decreed based on a compromise entered into and presented by the parties. The compromise petition has been drawn in Kannada language, which is known to both the parties and the same has been signed by the parties and their learned Advocates. The terms of compromise shows that both parties agreed to apportion the estate left by deceased Davalma. Long after the date of decree of the suit, based on the compromise petition, this writ petition has been filed. It is not the case of the petitioner that there was any fraud played on him by his daughter (i.e., plaintiff) in the matter of entering into compromise and filing of the compromise petition before the Lok Adalath. The entering into of the compromise was admitted in the Trial Court, whereafter, the decree was passed. The Trial Court has not committed any procedural impropriety in the matter of acceptance of the compromise petition presented by the parties through their Advocates and in pursuance of which the decree as at Annexure-D was passed. In the circumstances, the writ petition being not maintainable and also devoid of merit is dismissed.