Smt Nanjamma v. Smt Mangalagowri
Case brief
What is this about?
nullity of judgment and decree; compromise petition I.A.No.29; Order 23 Rule 3 CPC; Section 96 CPC appeal versus declaratory suit; Section 23 Indian Contract Act; opposed to public policy observation deleted; O.S.No.6623/2010; O.S.No.10086/1996 specific performance decree dated 14.09.2000; suit filed 18.09.2010 after ten years; maintainability of suit; circumventing decree; Article 227 Constitution of India; Karnataka High Court; Justice Lalitha Kanneganti; order dated 15.04.2019; XII Additional City Civil Judge Bengaluru; writ petition disposed with modification
What did the court decide?
Writ petition disposed of: the trial court's order dismissing I.A.No.29 is affirmed, but the observation that the compromise is “opposed to public policy” is deleted; all I.As. in the writ petition stand closed. The principal prayer to quash the order and allow I.A.No.29 was not granted.