KASTUREVVA Vs. JAYASHREE

JUDGEMENT

(1.) THE petitioner/plaintiff has filed the above writ petition for quashing of the impugned compromise judgment and decree decree dated 28.02.2006 and 6.3.2006 made in O.S. No.81/2004 on the file of Civil Judge (Jr.Dn.), Ramdurga, and for restoration of the suit on its file mainly on the ground that the impugned compromise judgment and decree of the Court below is improper and illegal and the said compromise decree obtained by the defendant is a fraudulent act committed by son -in -law of the petitioner, who is the cousin brother of respondent.

(2.) THE facts of the case are as under:

(3.) THE respondent/defendant filed her written statement denying the entire plaint averments and admitted that the suit property was in actual possession and enjoyment and cultivation of the deceased Basavaraddi and also admitted that Basavaraddi got the property by way of Gift Deed. She also admitted that after the death of Basavaraddi, the plaintiff has filed Varadi before the Tahsildar, Ramadurga to mutate her name. Accordingly, the Deputy Tahsildar mutated the name of the plaintiff and defendant in respect of the suit schedule property vide Mutation Entry No.4952, against which the defendant preferred an appeal before the Assistant Commissioner and the Assistant Commissioner allowed the appeal and cancelled mutation entry No.4952 and entered the name of the present defendant only etc.