SMT. BADAMI (DECEASED) BY HER L.R. versus BHALI

SMT. BADAMI (DECEASED) BY HER L.R. versus BHALI

All facets of fraud are manifestly writ large in the case; the original compromise decree was not a bona fide family arrangement and was obtained through fraudulent means. The impugned judgments and decrees as well as the original decree dated 27.11.1973 are set aside.

Parties
Appellant: Smt. Badami (deceased) by her L.R.; Respondent: Bhali
Jurisdiction
India
Judgment Date
22 May 2012
Procedural Posture
Civil Appeal / Appeal (decision)
Outcome
Appeal allowed
Legal Topics
Fraudulent Decree, Consent Decree, Family Arrangement, Permanent Injunction, Possession
Civil Procedure Property Law Fraudulent Decree Consent Decree Family Arrangement Permanent Injunction Possession

Case Brief

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Parties

Smt. Badami (deceased) by her L.R.

Appellant

Bhali

Respondent

Procedural Posture

Civil Appeal / Appeal (decision)

Legal Issues

  1. 1 Whether the judgment and decree dated 27.11.1973 is vitiated by fraud and nullity
  2. 2 Whether subsequent judgments and decrees based on said decree must be set aside

Ratio Decidendi

All facets of fraud are manifestly writ large in the case; the original compromise decree was not a bona fide family arrangement and was obtained through fraudulent means. The impugned judgments and decrees as well as the original decree dated 27.11.1973 are set aside.

Court Disposition

Appeal allowed

Orders

  • Judgments and decrees of the High Court and the courts below are set aside.
  • Judgment and decree dated 27.11.1973 is also set aside.