Bombay High CourtWP/6402/2023disposedoff

Devkibai Shivram Durge, Thr. Her P.O.A., Ashok Shivram Durge v. Nirmala @ Bhartabai Dharama Zade And Others

2024-11-14Hon'Ble Shri Justice Anil L. Pansare2 pages

(1) 45wp6402.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6402/2023 Devkibai Shivram Durge .Vs. Nirmala @ Bhartabai Dharama Zade and Ors. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms K. Satpute (Kapse), Advocate for petitioner. Mr. J. A. Malnas, Advocate instructed by Mr. I. M. Ghongade, Advocate for respondent Nos. 1, 3 to 5.

CORAM :

ANIL L. PANSARE, J.

DATE :

NOVEMBER 14, 2024 Heard Ms K. Satpute, counsel for the petitioner and Mr. J. A. Malnas, counsel for respondent Nos. 1 and 3 to 5. None appears for the respondent No.2 though served. The petition arises out of award dated 12.12.2015 passed by Panel of Lok Nyayalaya, Rajura, recording compromise in a suit seeking partition of the suit properties. The petitioner was defendant No.2 in the suit. She has come up with a case that the suit summons was never served upon her. She further submits that she is not signatory to compromise. Accordingly, the counsel for the petitioner argued that other parties to the suit have obtained order by playing fraud. Counsel for respondents failed to show any material, contrary to what has been submitted by the petitioner; rather, the counsel admits that the petitioner is not signatory to the compromise.

It is, thus, obvious that the respondents therein have obtained order by playing fraud upon the Court. Hence, the

(2) 45wp6402.23 award dated 12.12.2015 passed by the Panel of Lok Nyayalaya, Rajura in Regular Civil Suit No.53/2015 as also compromise decree dated 12.12.2015 is quashed and set aside. The respondents shall pay costs of Rs.10,000/- each to the petitioner within four weeks from today.

The writ petition is disposed of in the above terms. No order as to costs.

(Anil L. Pansare, J.) Kahale