Allahabad High Court
HUKUM SINGHversusSMT. SHIMLA
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the alleged compromise is fraudulent and fictitious, and therefore disposed of the petition while granting the petitioner liberty to pursue appropriate proceedings.
Summary
Hukum Singh filed a petition before the Allahabad High Court challenging a compromise that he alleged to be fraudulent and fictitious, and sought appropriate legal proceedings against an order dated 13.07.2024. The petitioner contended that no genuine compromise had been entered into and that the alleged settlement was a sham. The court examined the claim of fraud and noted that the petitioner had not entered into any valid compromise. Accordingly, the court granted the petitioner liberty to pursue the appropriate proceedings under law. The petition was disposed of, with the court ordering the return of the certified copy upon furnishing a photocopy.
Issues considered
- Whether the alleged compromise between the parties is fraudulent and fictitious
- Whether the petitioner is entitled to liberty to initiate appropriate proceedings against the order dated 13.07.2024
Subjects
- civil procedure
- compromise
- fraud
- Article 227
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5879 of 2026
Hukum Singh
.....Petitioner(s)
Versus
Smt. Shimla
.....Respondent(s)
Counsel for Petitioner(s) : Bipin, Kunwar Abhishek, Mahendra
Kumar Prajapati, Pawan Singh
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Bipin Shukla, learned counsel for the plaintiff-petitioner.
2. In view of the order which is being proposed to be passed, notices are not
being issued to the defendant-respondents.
3. Learned counsel for the plaintiff-petitioner on instructions submits that
though the plaintiff-petitioner had not entered into any compromise and the
compromise itself is fraud and fictitious, thus, against the order dated
13.07.2024, he shall be taking appropriate proceedings as contemplated
under law.
4. Bearing in mind the aforesaid statements, the petition stands disposed of
with the aforesaid liberty.
5. Certified copy be returned subject to furnishing of the photocopy of the
same.
May 6, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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