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P. T. Thomas – Appellant
Versus
Thomas Job – Respondent
The Court that has the authority to extend the time period after the Lok Adalat award, if necessary, is the Court that passed the award or the Court with jurisdiction over the matter. This is because the award of the Lok Adalat is considered equivalent to a decree of the Court, and the Court's inherent powers include the authority to extend time for the performance of obligations under such awards (!) .
Furthermore, the Court that issued the award retains the power to modify or extend the time frame to ensure the proper execution and performance of the award, especially when it is in the interest of justice and fairness (!) .
In summary, the Court which has jurisdiction over the case and has issued the award has the power to extend the time period for compliance or performance, provided it considers the circumstances of the case and the needs of justice (!) (!) .
Judgment
Dr. AR. Lakshmanan, J.—Leave granted.
2. The above appeal is directed against the final order of the High Court of Kerala at Ernakulam dated 27.8.2003 in CRP No. 1136/2003 allowing the Revision Petition filed by the Respondent herein.
3. The Appellant and the Respondent are brothers, Respondent being the elder. They have another brother who is well employed in the United States. The three brothers partitioned the property left behind by their father by metes and bounds. The Respondent was running a theatre. A part of the theatre fell in the property allotted to the appellant. Since Respondent did not vacate and give vacant possession to the Appellant, he was constrained to file a suit for a mandatory injunction for removal of the building and to surrender vacant possession. The Appellant also prayed for a decree for recovery of possession.
4. The appellant’s suit was decreed as prayed for. When the matter was pending in appeal at the instance of the Respondent in the District Court, the dispute was referred to the Lok Adalat constituted under the Legal Services Authorities Act for resolution of the dispute. The matter was settled in the Lok Adalat. The award of the Lok Adalat
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