Challenging the compromise decree.
Ramesh
(Querist) 28 August 2013
This query is : Resolved
Respected Experts of the forum,
In a case an Inam land issue was compromised in High court Of A.P.,in the year 1999, between 'A' & 'B'. 'A' is a GPA holder of 'X'. During compromise, 'A' without any authority made his family members as party to the suit land during the compromise petition . As i said above this accepted by the court, and closed the case as compromised. 'X'died in the year 2009. In the year 2010, while reading the WILL of 'X'(unregistered), the family members found this fraud. The property which is got through Compromise got to the share of 'X' elder daughter'Y'.
Further to this land is occupied by ARMY as a tenant . The ARMY has challenged this in AP HIGH COURT got in their favor; On Revision petition,In AP HIGH court( By the compromised part by B')got the decision in favor of compromised parties ie 'A' & 'B'.
The present status of the case is, the ARMY approached THE SUPREME COURT of India,challenging this decision of A P HIGH Court.
As husband of 'Y' i am seeking the help/suggestion of the EXPERTS, whether my wife"y" can challenge this compromise at this stage.
Thanking YOU ALL, expecting an early reply please.
Devajyoti Barman
(Expert) 28 August 2013
Compromise decree cna always be challenged by way filing a fresh suit if it is found that the decree is obtained by playing fraud upon the court.
This fraud may be brought to the notice of the supreme court by Y by applying to become party to the appeal.
ajay sethi
(Expert) 28 August 2013
agree with Mr Barman
Ramesh
(Querist) 28 August 2013
Dear Devajyoti Barman Sir,
I was told that as Mr.'X' had not challenged the same during his life time , it is Infructious now. And secondly the Limitation comes in the way . Please Guide/educate me. Can I as a legate, challenge this in the COURT OF LAW?
Thanking you ALL again.
R.K Nanda
(Expert) 28 August 2013
nothing to add.
Ramesh
(Querist) 29 August 2013
Dear Devajyoti Barman and Experts Sir/s,
Please enlight me , on my further clarification/ doubt...
Thanking you ALL.
