Sathu Hari Kishan Reddy, R.R.Dist. vs Sathu Ram Reddy, R.R.Dist., And 2 Otrs.
2024 Latest Caselaw 2725 Tel

Telangana High Court

Sathu Hari Kishan Reddy, R.R.Dist. vs Sathu Ram Reddy, R.R.Dist., And 2 Otrs. on 16 July, 2024

                 HON'BLE SRI JUSTICE K.SURENDER

           CIVIL REVISION PETITION No.2909 OF 2012
ORDER:

1. This Revision Petition is filed questioning the order of the

leaned Junior Civil Judge, Ibrahimpatnam in I.A.No.431 of 2009

in O.S.NO.68 of 1985 dated 05.09.2011 in dismissing the petition

filed under Section 151 CPC to set aside the compromise decree

dated 08.05.1985 before the said Court and to restore the suit.

The reason for setting aside the compromise decree is for the

reason of playing fraud on the plaintiff by the defendants when

the compromise was filed into the Court.

2. Learned Junior Civil Judge relied on the judgment in the

case of A.Mohiuddin v. Abdurrahman (AIR 1953 Hyd.62), Putto

Lal v. His Highness Maharaja Dhiraj Sumersinghji of

Kishergarh (AIR 1963 Raj 63) and Ramakrishna Swain v.

Smt.Fulamani Kamila (AIR 1975 Ori 166) and held that

compromise decree cannot be challenged on the ground of fraud

and undue influence and can be addressed in an independent

suit and not under Order 23 Rule 3 r/w Section 151 CPC.

3. The Hon'ble Supreme Court in M/s. Sree Surya Developers

and Promoters v. N.Sailesh Prasad and others (Civil Appeal

No.439 of 2022, dated 09.02.2022) held that in cases where the

parties approached the Court on the allegation of any infirmity in

the compromise decree, the same can only be questioned before

the Court and no separate suit can be filed. Court further found

that a party to a consent decree passed on compromise, to

challenge the compromise decree on the ground that the decree

was not lawful that it was void or voidable, has to approach the

concerned Court which recorded the compromise and separate

suit challenging the concerned decree cannot be maintained.

4. In view of bar under Section Order 23 Rule 3(A) CPC, the

impugned order is set aside. However, this order will not preclude

the learned Junior Civil Judge from deciding the issue on facts

whether to restore the suit or not.

5. With the said observation, Civil Revision Petition is disposed

off.

__________________ K.SURENDER, J Date: 16.07.2024 kvs