GULAM NABI KHANDAY Vs. MUSHTAQ AHMAD

JUDGEMENT

(1.) This Civil Revision is directed against the order dtd. 6/10/2022 passed by the Court of Learned Munsiff, Pulwama (for short ' the trial court'), whereby the application of the petitioners under Order 7 Rule 11 CPC for rejection of the plaint has been dismissed.

(2.) The order has been impugned by the petitioners on the ground that the contesting respondents 1 to 5 could not have filed the suit against the petitioners for challenging the decree passed in suit titled "Ghulam Nabi Khanday & Anr. versus Mst. Azizi & Anr." by the court of learned SubJudge, Shopian, besides other reliefs, in view of the bar contained under Order 23 Rule 3-A CPC.

(3.) Mr. G. A. Lone, learned counsel for the petitioners has vehemently argued that once there was a decree passed pursuant to the compromise in respect of the suit property, the contesting respondents could not have filed the suit in view of the bar contained in Order 23 Rule 3-A CPC. Learned counsel further submitted that the judgments as reflected in the order impugned have been wrongly applied by the learned trial court. Mr. Lone, learned counsel for the petitioners has relied upon the judgment of the Hon'ble Supreme Court of India in Triloki Nath Singh Vs. Anirudh Singh (D) thr. LRs & Ors, (2020) 6 SCC 629.