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MUNIYAPPA v. SHAMANTH C SINDYA

Supreme Court of India | Diary 11392/2021

Status

Order

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE ARAVIND KUMAR, HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

MUNIYAPPA

Respondent

SHAMANTH C SINDYA

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (@ SLP(C) NO. 11692/2021)

MUNIYAPPA APPELLANT(S)

VERSUS

SHAMANTH C SINDYA & ORS. RESPONDENT(S)

O R D E R

1. Leave granted.

2. Heard the learned counsel for the appellant. On the previous

occasion, the respondent side sought for time on the premise

that the earlier counsel had been designated as senior

counsel. None appears for the respondent even today.

3. It is a case where the appellant having been impleaded as a

party defendant in a suit for specific performance was denied

his right to question the compromise decree on the premise

that he is the actual owner of the property.

4. A suit has been filed for specific performance by the

respondent No.1 against the respondent Nos.2 to 6. In the

suit, the respondent Nos.2 to 6 were shown as the

defendants/vendors. The suit came to be compromised between

2

the respondent No.1 and the other respondents – plaintiff and

the original defendants. An application was filed by the

appellant inter alia alleging that it is he who is the actual

owner of the property. His application for impleadment was

allowed by the Trial Court. The appellant also filed an

application to set aside the compromise decree on the premise

that it is a collusive decree inter se parties. ...

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