Sri Manjappa vs Sri Ramadasaiah
2023 Latest Caselaw 7333 Kant

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                                                       NC: 2023:KHC:37943-DB
                                                         WA No. 700 of 2023



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 26TH DAY OF OCTOBER, 2023

                                           PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                               AND

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                            WRIT APPEAL NO.700 OF 2023 (KLR-RES)

                   BETWEEN:

                   1.    SRI MANJAPPA
                         S/O.PUTTATSHETTY
                         AGED ABOUT 63 YEARS
                   2.    SRI PANIYAPPA
                         S/O.PUTTASHETTY
                         AGED ABOUT 73 YEARS
                         BOTH ARE AGRICULTURISTS AND
                         ARE R/AT HARATHALU VILLAGE
                         KEREHALLI HOBLI
                         HOSANAGARA TALUK
Digitally signed         SHIMOGA DISTRICT - 577 418
by SHARADA
VANI B                                                        ... APPELLANTS
Location: HIGH     (BY SRI MURALI B.S., ADVOCATE)
COURT OF
KARNATAKA
                   AND:

                   1.    SRI RAMADASAIAH
                         S/O.DHARAMADASAIAH
                         AGED ABOUT 81 YEARS
                         OCC:AGRICULTURE
                         R/AT HARATHALU VILLAGE
                         KEREHALLI HOBLI
                         HOSANAGARA TALUK
                         SHIMOGA DISTRICT - 577 418
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                                     NC: 2023:KHC:37943-DB
                                        WA No. 700 of 2023



2.   THE DEPUTY COMMISSIONER
     SHIMOGA DISTRICT
     SHIMOGA - 577 201

3.   THE ASSISTANT COMMISSIONER
     SAGAR SUB-DIVISION
     SHIMOGA - 577 401

4.   THE TAHASHILDAR
     HOSANAGAR TALUK
     HOSANAGAR - 577 418

5.   THE REVENUE INSPECTOR
     KEREHALLI HOBLI
     HOSANAGARA TALUK - 577 418
                                           ...RESPONDENTS

(BY SMT.NILOUFER AKBAR, AGA FOR R-2 TO R-5)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 23.03.2023 IN WP No.55576/2014 PASSED BY
THE LEARNED SINGLE JUDGE AND ETC.

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:

                       JUDGMENT

This intra-court appeal seeks to lay a challenge to a

learned Single Judge's order dated 23.03.2023 whereby

W.P.No.55576/2014 (KLR-RES) having been allowed, the

orders passed by the Revenue Courts having been set at

naught and a direction has been issued to the 4th

respondent - Tahasildar herein to effect mutation of entry

NC: 2023:KHC:37943-DB WA No. 700 of 2023

in favour of the 1st respondent - writ petitioner in terms of

the compromise decree entered in O.S No.350/1997,

concerning the subject property.

2. Learned counsel for the appellants vehemently

argues that the impugned order is liable to be voided

inasmuch as the appellants were not parties to the subject

suit which was decreed on the basis of a fraudulent

compromise. In support of his case, he cites decision of

the Apex Court in S.P.CHENGALVARAYA NAIDU (DEAD) BY

LRS vs. JAGANNATH (DEAD) BY LRS, AIR 1994 SC 853 to the

effect that fraud vitiates everything and therefore, no

relief could have been granted to the writ petitioner.

3. Having heard the learned counsel for the appellants

and the learned Additional Government Advocate

appearing for the official respondents, we decline

indulgence in the matter broadly agreeing with the

reasoning on which the impugned order has been

structured. Learned Single Judge has founded his

NC: 2023:KHC:37943-DB WA No. 700 of 2023

judgment on the Compromise Decree in O.S No.350/1997,

and therefore, it cannot be faltered. It has been the

consistent view of this Court and of the Apex Court that

the entries concerning the private properties need to

accord with the Court decrees. This view is reflected in

the impugned order.

4. The submission of learned counsel for the appellants

that subject decree has been obtained by fraud and

therefore, the same could not have been acted upon more

particularly when his clients were not parties eo nomine to

the suit, is bit difficult to examine. "Fraud vitiates

everything", said Edward Coke centuries ago. However,

fraud cannot be assumed in the absence of specific

pleadings giving full particulars of the acts that amounted

to fraud coupled with evidentiary material. The decision in

CHENGALVARAYA NAIDU (supra) needs to be viewed from

this angle. It has been a settled position of law that a

compromise decree obtained on the basis of fraud and

fabrication can be vacated by the Court which entered it,

NC: 2023:KHC:37943-DB WA No. 700 of 2023

on an application being made by a non party in terms of

Order XXIII Rule 3A read with Section 151 of CPC, 1908

vide AJANTA LLP vs. CASIO KEISANKI KABUSHIKI KAISHA

D/B/A CASIO COMPUTER COMPANY LIMITED & ANOTHER,

(2022) 5 SCC 449. Such a course is open to the appellants

and in that connection all contentions need to be left open.

In the above circumstances, this appeal being devoid

of merits is liable to be and accordingly dismissed, costs

having been made easy.

Registry to send a copy of this judgment to the 1st

respondent - Ramadasaiah by speed post.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE LB