AKKA BAI Vs. GOWRAWWA

JUDGEMENT

(1.) This appeal was originally listed for disposal on this day on account of the order made by us on 3rd March, 1989 recording a compromise under O.23, R.4 of the Code of Civil Procedure. On that day, the compromise was accepted in person by the parties concerned who were present in Court. By the detailed order made, which is part of the records now, we had even satisfied ourselves that the person in Court claiming to be the respondent was indeed the respondent. That became necessary in the light of the conduct of the counsel who was appearing originally for the respondent to which also we have made a detailed reference in the order of March 3, 1989. In fact on that day, the learned Counsel chose to file a memo of retirement from the case for want of instructions and in the light of the fact that respondent-Gowrawwa had engaged another counsel who was present in Court along with the respondent when the petition for compromise under O.23, R.4 of the Code of Civil Procedure was filed.

(2.) It was thereafter on 7-3-1989 an impleading application was presented, which was numbered as I.A.3, by one Malappa Banappa Hoonur, purporting to be made under O.22, R. 10 read with O. 1, R. 10 as well as under Sec. 146 of the Code of Civil Procedure. When that matter came up for consideration before this Court on 20-3-1989, we directed the matter to be posted for further orders inviting objections thereto from the other parties. To-day we have heard the learned Counsel Sri G.S. Visweshwara appearing for the impleading applicant as well as Sri K. Channabasappa for the appellants and Sri Gurumath for the respondent in this anneal

(3.) The impleading applicant contends that the compromise petition is a fraudulent one made to defeat his legitimate rights acquired by him by a deed of assignment alleged to have been executed by the respondent on 24-4-1985 by which he had acquired all the right, title and interest of respondent Gowrawwa in the judgment and decree under appeal and therefore she had no right to continue to defend the appeal or enter into compromise which would prejudice his interest. In that circumstance he has prayed for being impleaded as the respondent in place of the plaintiff Gowrawwa and allowed to continue to defend that appeal.