Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Specific Relief Act, 1877

Section: 27

Law: Transfer of Property Act, 1882

Section: 42

Civil Procedure Code (V of 1908)--- ----S.12(2)---Specific Relief Act (I of 1877), S. 27---Transfer of Property Act (IV of 1882), S. 42---Suit for specific performance was dismissed for non-prosecution and was restored---Compromise decree was passed on application of parties---Petitioners application for setting aside such compromise decree was dismissed by trial Court---Revision petition was also dismissed by District Court---Validity---Suit dismissed for non-prosecution was restored with implausible delay of about 4 years without accounting for such delay and without providing chance of hearing to defendants which was mandatory under sub-Rule (2) of the R.9 of Civil Procedure Code, 1908---Trial Court had not ascertained the fact as to whether the defendants allegedly consenting for compromise decree were actually having ownership right over the subject land----Execution application was not required but filed obviously to cover-up fraud---Survey numbers were still in name of the petitioner/applicant---Impugned decree was prima facie a collusive decreee obtained by practicing fraud and making representation of facts---Petitioner, however, had to prove before Trial Court his status as bona fide purchaser to escape the clutches of S.27 of Specific Relief Act and S.41 of Transfer of Property Act---Impugned orders/decree were set-aside with direction to the Trial Court to implead the petitioner as party in the suit---Constitutional petition was allowed accordingly. JUDGMENT IRSHAD ALI SHAH, J.---- By way of instant petition, the petitioner (now through legal heirs) has impugned order dated 18.02.2004 passed by learned IVth Additional District Judge, Hyderabad whereby he has maintained the order dated 29.07.2002 passed by learned 1st Senior Civil Judge, Hyderabad whereby an application under section 12(2), C.P.C filed by the petitioner for setting aside of compromise decree dated 13.05.1996 in F.C Suit No.301 of 1984 titled Haji Abdul Ghafoor and others v. Abdul Wahid Khan and others was dismissed. 2. The facts in brief necessary for disposal of instant petition are that a suit for specific performance of contract and permanent injunction was filed by Haji Abdul…

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