1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5485 OF 2008 Gurnamsingh Jaymalsingh Hora. ..Petitioner. V/s. Shri Guru Singh Sabha Public Trust & Ors. ..Respondents. Mr.M.K.Kulkarni for petitioner. Mr.S.N.Chandrachood for Respondent Nos. 3 to 5. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. DATE : FEBRUARY 4, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. I am in agreement with the opinion recorded by the Court below that the exposition of the Apex Court in the case of Banwari Lal v/s.Chando Banwari Lal v/s.Chando Banwari Lal v/s.Chando Devi(Smt)(Through LRs) and Ors. reported in (1993) 1 Devi(Smt)(Through LRs) and Ors. reported in (1993) 1 Devi(Smt)(Through LRs) and Ors. reported in (1993) 1 SCC 581 SCC 581 SCC 581 would entitle the Petitioner to resort to remedy of appeal as can be discerned from paragraph-9 of the said decision, where it is observed as follows: "...But after the amendments which have been introduced, neither an appeal against the order recording the compromise nor remedy by 2 way of filing a suit is available in cases covered by Rule 3-A of Order 23. As such a right has been given under Rule 1-A(2) of Order 43 to a party, who challenges the recording of the compromise, to question the validity thereof while preferring an appeal against the decree. Section 96(3) of the Code shall not be a bar to such an appeal because Section 96(3) is applicable to cases where the factum of compromise or agreement is not in dispute." The Lower Court has rightly rejected the application preferred by the Petitioner relying on the said legal position which has been restated in the case of Hamza Hamza Hamza Haji Haji Haji referred to in the impugned Judgment. Hence dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)