Vineet Saran, J. - (1.) The brief facts of this case are that a suit was filed by the father of respondent Nos. 1, 2 and 3 in the year 1983, against the petitioner and the respondent Nos. 4 and 5, who are all brothers and also their mother, who has since expired. The trial Court decreed the suit partly on 31.3.1987. The appeal was filed by the respondent Nos. 4 and 5 and their mother, which was decided on the basis of compromise entered into between respondent Nos. 4 and 5 on the one hand, and the plaintiff-respondent Nos. 1, 2 and 3 on the other hand and was, accordingly, disposed of on 11.2.1998. When possession was not given to the plaintiff-respondent Nos. 1, 2 and 3, they filed execution case No. 3 of 1999. Then the petitioner, who is the brother of the respondent Nos. 4 and 5, with whom compromise has been entered into in appeal, filed an objection under Section 47 C.P.C. The said objection has been rejected on 25.4.2003. The revision filed against the said order has also been dismissed on 24.8.2004. Aggrieved by the said orders, the petitioner has filed this writ petition.
(2.) Having heard learned Counsel for the petitioner and on perusal of the record, I do not find any good ground for interference in this writ petition. The Courts below have turned down the objection filed by the petitioner primarily on the ground that a suit for cancellation of the decree has already been filed by the petitioner in which no orders have been passed; and also that when the compromise had been entered into on the basis of which decree had been passed, then the proper remedy would be before the Court where the compromise had been entered into. It is not the case of the petitioner that he has filed an application for recalling the compromise order passed in appeal. In proceedings under Section 47 C.P.C., the validly or correctness of the decree or compromise cannot be looked into. Accordingly, I find no infirmity with the aforesaid orders impugned in this writ petition.
(3.) For the foregoing reasons, this petition is devoid of merit and is, accordingly, dismissed. No order as to costs. Petition dismissed.;