KENCHAIAH Vs. RUDRAMMA AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is filed against the judgment and decree dated 25.01.2008 passed by the learned Civil Judge (Sr.Dn.), Chikmagalur allowing R.A. No. 72/2006 and setting aside the judgment and decree passed in O.S. No. 35/2004.

(2.) APPELLANT was the 1st defendant before the Trial Court. O.S. No. 35/2004 was filed by respondents 1 & 2 herein seeking a declaration that judgment and decree obtained in O.S. No. 114/1998 by the appellant was the result of fraud, misrepresentation and undue influence on the plaintiffs and that plaintiffs were the legal heirs of late Subbaiah and 1st defendant - appellant herein was not his legal heir. A mandatory injunction was also sought against defendants 2, 3 & 4 - respondents 3 to 5 herein to dismiss the appellant - 1st defendant from service by holding proper enquiry into the matter and appoint plaintiff No. 1 on compassionate ground.

(3.) A compromise was entered into between the appellant herein and Smt. Rudramma. Accordingly, compromise petition under Order XXIII Rule 3 was filed before the Court whereunder it was agreed that the appellant herein be declared as son of late Subbaiah entitled for a job on compassionate ground as successor of Subbaiah and that Smt. Rudramma would not come in the way of the appellant herein getting the said job. The said compromise was recorded and a decree in terms of the compromise was passed. Based on the said decree, appellant herein had secured job under the Zilla Panchayat, Engineering Department, Chikmagaluru.