1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 416 OF 2010 Dnyandeo S/o Khushalrao Sanap .... APPELLANT VERSUS Shrinivas S/o Khushalrao Sanap & Oths. .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr. D.P.Palodkar, Advocate for appellant. Mr. N.P.Bangar, Advocate for Resp. No.1 & 5. -------------------------------------------------------------------------------------------------------- CORAM : S.V. GANGAPURWALA, J. DATE: 23/08/2010 ORAL ORDER : 1. The present Second Appeal assails the Judgment of the lower appellate Court passed by the learned District Judge – 2, Beed dated 17/4/2010 in R.C.A. No. 97 of 2007, whereby the appellant challenges the Compromise Decree in R.C.S. No. 5 of 2005, which has been dismissed. 2. The appellant had preferred Appeal against the Compromise Decree 2 dated 27/4/2010 passed by the Civil Judge (Jr. Division), Patoda in R.C.S. No. 5 of 2005, to which the present appellant was party. It is the case of the appellant that he did not understand the terms of the compromise, as such mistakenly had signed the same. 3. Mr. Palodkar, the learned counsel for the appellant contended that the Courts below have not properly considered the grounds raised by the present appellant and the lower appellate Court has dismissed Appeal on erroneous count. 4. The lower appellate Court has held that the appellant is not in a position to prove that the Compromise Decree has been obtained by fraud or mis-representation. The same is a finding of fact. More over, in view of Section 96 (3) of the Code of Civil Procedure, the Appeal itself is not maintainable challenging the Compromise Decree. 5. In light of the above, there is no substance in the Second Appeal. As such, the Second Appeal is dismissed with no order as to costs. 6. Needless to state that this order would not come in the way of the appellant in any other proceedings, if permissible by law is taken up by the appellant. 3 7. In view of dismissal of Second Appeal, Civil Application does not survives and as such disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/ SA 416.2010