Smt. Geeta Mishra vs Devendra Kumar Dixit And Another
2021 Latest Caselaw 8337 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1311 of 2021
 

 
Petitioner :- Smt. Geeta Mishra
 
Respondent :- Devendra Kumar Dixit And Another
 
Counsel for Petitioner :- Manoj Kumar Tiwari
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner.

By means of this petition under Article 227 of the Constitution, the petitioner has made a prayer for quashing of judgment and decree dated 8.9.2018 of Lok Adalat/Civil Judge (Senior Division), Fast Track Court, Kanpur Nagar settled on the basis of the compromise and also the proceedings of execution case through Execution Suit No.51 of 2018 instituted..

It is contended that the land belongs to the petitioner and the compromise is a collusive one as he was not made a party.

In the considered opinion of the Court compromise of the suit is operative in respect of the litigating parties in the suit. It cannot bind a third party who is stranger to the suit. If the petitioner is aggrieved by the collusive compromise, it is always open for him to institute a fresh suit for setting aside the compromise and move an appropriate injunction application, if so advised, to restrain the defendants in his suit from interfering in his possession.

No petition under Article 227 can be entertained on this above ground nor, any relief can be granted.

Accordingly, the present petition is consigned to records.

Order Date :- 20.7.2021

Deepika