Pawan Gupta vs Ratiram Kachi
2022 Latest Caselaw 6399 MP

                                                                            1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                     MCC No. 505 of 2021
                                                             (PAWAN GUPTA Vs RATIRAM KACHI AND OTHERS)

                                       Dated : 28-04-2022
                                             Shri Saket Agrawal, learned counsel for the applicant.

                                             Heard on the application for leave to appeal.
                                             The contention of learned counsel for the applicant that the respondents

No.1 to 3 (plaintiffs) before the Trial Court have filed a civil suit for declaration, injunction and possession in respect of suit property at Survey No.304/1 Rakwa 0.452 hectare, Khasra No.304/2 Rakwa 0.142 hectare, total Rakwa 0.567 hectare

situated at Gram Singrawankala Patwari Halka No.23, Revenue Circle Lugasi Tahsil Nawgaon. The aforesaid suit has been filed without making the present applicant as party to the lis and suppressing the fact that out of Survey No.304/1, total area 0.452 hectare, 0.070 RA has already been sold to the present applicant by a registered sale-deed by Ratiram Kachi on 18.10.2007.

It is submitted that the civil suit was decreed by the Trial Court vide the judgment and decree dated 22.12.2016 against which an appeal was filed by some of the respondents and the parties to the appeal entered into a compromise and filed an application under Order 22 Rule 3 of CPC before the Court. On the basis

of the compromise, the decree was passed.

It is pointed out that the area sold to petitioner vide registered sale-deed dated 18.10.2007 and which was part of original Khasra No.304/1 has fallen into the share of some other person.

Since, this fact has been suppressed before the civil as well as the appellate Court and the applicant has not been made party to the lis, the decree that has been obtained is a fraudulent decree and the same can be challenged at any stage of proceedings. Under such facts and circumstances, it is prayed that the application for leave to appeal be allowed.

Considering that the rights of the applicant would be affected by the compromise decree arrived at between them, this application is allowed. Signature Not Verified SAN Let notices be issued to the respondents on payment of process fee within seven days by all modes, returnable within three weeks. Digitally signed by SHARAN JEET KAUR JASSAL Date: 2022.04.28 16:48:39 IST

Let record of both the Courts below be also requisitioned.

(NANDITA DUBEY) JUDGE

sjk

Signature Not Verified SAN

Digitally signed by SHARAN JEET KAUR JASSAL Date: 2022.04.28 16:48:39 IST