C BALA KRISHNAIAH Vs. A KANNAIAH

JUDGEMENT

(1.) A matter, which is somewhat delicate on facts, but interesting from the point of view of law, arises for consideration in this petition. The sole respondent in S.A. No. 136 of 2002 filed this application, with a prayer to set aside the compromise decree passed by this Court on 29-10-2003. The facts, which are relevant for the purpose of this petition, may briefly be stated, as under.

(2.) The petitioner herein filed O.S. No.3 of 1993, in the Court of Principal Senior Civil Judge, Tirupati, against one Sri A. Kannaiah, the father of the respondents, for the relief of specific performance of an agreement of sale, dated 22-8-1984. The suit was decreed by the trial Court on 15-3-2000. Kannaiah filed A.S. No.37 of 2000, in the Court of III Additional District Judge, Tirupati. The appeal as dismissed, through judgment dated 14-12-2001. Kannaiah died, thereafter, and his legal representatives, the respondents herein, filed the present second appeal, against the petitioner herein.

(3.) C.M.P. No.24676 of 2003 was filed, with a prayer to pass a decree, in terms of the Memorandum of Compromise. On 29-10-2003, a compromise decree was passed, to the effect that the decree passed by the trial Court in O.S. No.3 of 1993 and affirmed in A.S. No.37 of 2000, is set aside, in consideration of the petitioner receiving a sum of Rs. 8,00,000/-. Certain other conditions were also spelt out.