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Bombay High Court Allows Appeal in Partition Suit Due to Disputed Consent Terms. Consent Decree Set Aside as Court Failed to Verify Genuineness of Compromise Under Order XXIII Rule 3 CPC.

The appeal arises from a judgment of a learned Single Judge of the Bombay High Court dated 28 September 2012, which made absolute a motion for recordi...

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Supreme Court Allows Appeal in Family Property Dispute Over Compromise Decree Registration. Compromise Decree Arising from Family Settlement Does Not Require Compulsory Registration Under Section 17(2)(vi) of Registration Act, 1908, as Parties Had Pre-existing Rights as Heirs.

The dispute involved two sons of late Vijendra Singh contesting ownership of ancestral land. The appellant filed a suit for possession in 1978, disput...

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High Court of Karnataka Delivers Order on Writ Petition Challenging Compromise Decree and Execution Proceedings — Fraud and Non-Alienation Clause Under Section 61 of Karnataka Land Reforms Act, 1961 Considered

The petitioners, judgment debtors in a compromise decree, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to set...

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High Court of Bombay at Goa Allows Writ Petition Challenging Recall of Compromise Decree in Comunidade Land Dispute. Civil Court Cannot Recall Compromise Decree Without Application Under Order 23 Rule 3A CPC, as It Acts Without Jurisdiction.

The petitioner, Govind Atmaram Kubal, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 23.12.2019 passe...

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Supreme Court Allows Appeal: Stranger to Compromise Decree Can Challenge It by Separate Suit — Order 23 Rule 3A CPC Does Not Bar Such Suit

The appeal arose from a suit filed by the appellant, Triloki Nath Singh, seeking a declaration that a compromise decree dated 15 September 1994 passed...

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Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

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High Court of Karnataka Quashes Compromise Decree in Lok Adalat for Abuse of Process. Court finds that a compromise decree passed in Lok Adalat without proper verification of parties and without ensuring free consent is a nullity and liable to be set aside under Article 227 of the Constitution.

The petitioner, Smt. Akkubai, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of a compromise decree da...

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High Court of Karnataka Dismisses Petition Challenging Compromise Decree in Partition Suit — Petitioners Failed to Prove Fraud or Misrepresentation. Challenge to Compromise Decree Under Order XXII Rule 3 CPC Dismissed as Not Maintainable and Time-Barred.

The petitioners, Sri Shivarudrappa and Sri S. Somashekar, were defendants No.1 and 3 in O.S.No.24/2011, a suit for partition filed by the respondent, ...