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Harsha (engineer)     30 October 2022

Appeal on compromise decree

Hello All,

My grandfather had 2 brothers along with 3 sisters. All are married and settled. In 1995 there was a civil case filed and after 3 years  in 1998 there was a compromise application filed where out of 8.06 acres of land, my grandfather was alloted 2.20 acres of land, second one was allocated 3 acres and last one was allocated 3.06 acres of land. Sisters are already given share inform of money and they are not interersted in the property.

In the initial discussion it was decided to have all the brothers equal share, however the second and last brother manuplated all compromise decree, allocated more to them and allocated less to my grand father. My grandfather was an illiterate person and he didnt notice the compromise decree.

I wanted to request all the team members to advice me if I can file an appeal in terms of Order 43 Rule 1A CPC or by way of an application before the court granting decree.

Regards

Harsha



Quick Summary
This discussion explores the possibility of appealing a compromise decree from 1995 concerning land allocation among three brothers. The original agreement intended equal shares, but the grandson believes his grandfather was misled into accepting a smaller portion due to his illiteracy and manipulation by his brothers. The core question is whether an appeal under Order 43 Rule 1A CPC or another application can be filed to correct the decree, especially given the significant time lapse and the grandfather's initial consent.

 4 Replies

Dr J C Vashista (Advocate)     30 October 2022

Since it was a compromise decree, passed 25 years ago, which is otherwise also, non-appealable hence no appeal shall lie in instant case.

P. Venu (Advocate)     30 October 2022

Yes no appeal lies. Moreover, what is the source of your information that yoour grandfather had been misled?

Harsha (engineer)     30 October 2022

The share what is allocated to my grandfather is less compared to his brothers. Being the eldest among the three brothers, he is allocated the least. Is there any sort of appeal or reconsideration can be filed ? I understand from the Dr J C Vashista sir that there cannot be any appeal filed.

Should I accept what share is allocated or anything I can do for correcting the compromise decree.

P. Venu (Advocate)     31 October 2022

Adnittedly, your grandfather had no complaint. If so, how can his descendants repudiate his consent?


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