- 1 - ! " ## $#%# & ' ! " # $ % " & " % '! " " % ! (" % ) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - )" ) " % " % ( '" * " % ) *" + ( !" % + ( " % % % % - 3 - ! " # $ %" , *- . ! & , !! , *"!"!( """ !( !(" "! """'!( ! ," , CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 4 - ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the appellant and the learned counsel appearing for the respondents. 2. This appeal is against the decree passed by the First Appellate Court in R.A.25/2023. The First Appellate Court dismissed the appeal on the premise that the appeal is not maintainable against the compromise decree. 3. Admittedly, the appeal referred to above is filed challenging the compromise decree in O.S.No.703/2016 on the file of the Principal Civil Judge, VIjayapur. The appellant filed the appeal on the premise that the compromise entered into between his father, brothers and third party – stranger is not in the interest of the appellant, who was a minor at the time of compromise. The appeal is filed three years after attaining the majority. The Appellate Court held that appeal is not provided against the compromise decree. 4. Learned counsel for the appellant would submit that the present appellant is not a party to the compromise decree. The - 5 - provision of law which prohibits appeal against the compromise decree is applicable only to the parties to the compromise decree and appellant not being a party to the compromise decree, appeal is maintainable. 5. Learned counsel for the respondent on the other hand would submit that the remedy if any, for the appellant is to challenge the compromise decree in the manner known to law and appeal is certainly not provided as there is a bar under Section 96(3) which provides that no suit shall lie to set-aside the decree. Order XXIII Rule 3(A) of the Code of Civil Procedure also provides that no suit shall lie to set-aside a decree on the ground that the compromise under which a decree is based is not lawful. It is noticed that, the appellant is claiming through a party to the compromise petition. 6. The appellate Court is justified in holding that the appeal is not maintainable. The remedy if any, for the plaintiff lies in some other form but not in the form of an appeal. Appellate Court has observed this. Under these circumstances, no substantial question of law arises for consideration. - 6 - Accordingly, appeal is dismissed. (% $ & BRN List No.: 1 Sl No.: 64