PANDURANG SHIDU CHINCHKAR Vs. SHRIRANG RAJARAM CHINCHKAR

JUDGEMENT

(1.) ONE Pandurang Shidu Chinchkar filed Regular Civil Suit No. 324 of 1973 for partition and separate possession against the cousin brother. Pandurang died during the pendency of the suit and his daughter Smt. Mangala Mahadev Gavali was brought on record. The parties to the suit filed compromise pursis on 04.03.1987. The trial Court passed an order recording the compromise as under; Compromise is read over and explained to parties. They admit the contents. Hence it is read and recorded.

(2.) IMMEDIATELY on the next date i.e. on 05.03.1987 Smt. Mangala filed an application to set aside this compromise on the ground that this was got executed from her by exercising coercion and undue influence. The trial Court passed an order on this application on 05.03.1987 itself, as under;

(3.) REGULAR Civil Appeal No. 548 of 1987 was preferred by Smt. Managala, under Section 96 of C.P.C challenging the order dated 04.03.1987 passed by the trial Court recording the compromise and passing the decree. This appeal has been dismissed on 14.08.1992 by the lower appellate Court holding that the same is not maintainable in view of the bar created by sub -section (3) of Section 96 of C.P.C. This second appeal is preferred against the order dated 14.08.1992 passed by the lower appellate Court.