BASAVRAJ Vs. MALLAVVA

JUDGEMENT

(1.) Heard Sri Shivraj S. Balloli, learned counsel appearing for petitioners.

(2.) Petitioners are before this Court being aggrieved by the Judgment and Decree passed by the Principal Civil Judge, (Sr. Dn.), Dharwad in O.S.No.443/2007 having culminated into a regular appeal in R.A.No.274/2017, in which appeal the parties to the proceedings that is petitioners herein and respondent filed a compromise petition when the matter was referred to Lok-Adalat, Dharwad and amicably resolved by way of compromise decree dtd. 11/3/2019 vide Annexure-G.

(3.) It is the contention of learned counsel for petitioners Sri Shivraj S. Balloli that the compromise decree obtained by the respondent before the appellate proceedings in R.A.No.274/2017 before the Lok-Adalat was by playing fraud upon them and hence they are before this Court to set aside the said compromise decree passed in R.A.No.274/2017. He further contends that petitioners were informed that the respondent would not claim any right, title or interest over the suit property. But however while recording the terms and conditions of the compromise in writing the same was not put forth in the said document of compromise. He also contends that what was agreed to between the parties has not been put in writing and is not reflected in the compromise deed so also in the compromise decree before the Lok-Adalat, Dharwad. Therefore, entire compromise deed is fraudulent and vexatious as what was agreed to between them is not forthcoming in compromise deed and compromise decree passed by the Lok-Adalat. Under these circumstances, petitioners are before this Court to set aside the impugned compromise decree passed by the Lok-Adalat, Dharwad dtd. 11/3/2019 in R.A.No.274/2017.