R.K. VINAYABABU Vs. B.S. RAVINDRA

JUDGEMENT

(1.) Challenging order dtd. 2/2/2016 passed by Civil Judge and JMFC, Kadur, on I.A.no.I in Ex.Case.no.15/2016 at Annexure-E, this writ petition is filed.

(2.) Shri Manohar N., learned counsel for petitioner submitted that petitioner was arrayed as Judgment Debtor in Ex.Case.no.15/2016 filed by respondents herein claiming to be Decree Holders in O.S.no.251/2014. It was submitted that O.S.no.251/2014 was filed by petitioner herein against his father, step-mother and brother. In said suit, respondents herein had filed I.A.no.IV under Order I Rule 10(2) of CPC for being impleaded on ground that they were agreement holders from petitioner herein. Said application was rejected on 14/8/2015. On same day, suit ended in compromise as per compromise petition at Annexure-B.

(3.) It was submitted that though one of terms of compromise was that petitioner would part with an extent of 10 guntas out of properties falling to his share in favour of respondents herein. Based only on said term, respondents herein filed Ex.Case.no.15/2016 in respect of following schedule property: