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VIKRAM NATH, SANDEEP MEHTA
T. K. Dharanesh (Since Deceased) Through His Legal Heirs – Appellant
Versus
H. D. Bhagya – Respondent
ORDER
1. Leave granted.
2. The present appeal arises from the judgment and final order dated 23.02.2023 passed by the High Court of Karnataka at Bengaluru (hereinafter referred to as the “High Court”) in Miscellaneous First Appeal No. 8567 of 2015 (hereinafter referred to as the “MFA”), whereby the High Court allowed the appeal preferred by respondent no. 1 and set aside the judgment and decree dated 30.10.2015 passed by the Principal District Judge, Family Court at Hassan (hereinafter referred to as the “Family Court”) in M.C. No. 230 of 2013. By the judgment and decree dated 30.10.2015, the Family Court had allowed the petition filed by late T.K. Dharanesh under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the “1955 Act”) and had dissolved the marriage between late T.K. Dharanesh and respondent no. 1.
3. The facts giving rise to the present appeal are as follows:
The finality and enforceability of a Lok Adalat award as per the Legal Services Authorities Act, 1987, and the requirement of extraordinary circumstances to set aside such an award.
The award of Lok Adalat is final and binding, challengeable only through writ petitions under Articles 226 and 227, not in Civil Court.
Once there is no compromise and/or a settlement between parties before Lok Adalat, matter has to be returned to Court from where matter was referred to Lok Adalat for deciding the matter on merits by....
Objection to execution of decree – Statutory finality attached to Lok Adalat award leaves no room for appellate or plenary civil remedy against the award treated as a decree – Award may be executed a....
A writ petition challenging a compromise decree entered before Lok Adalat by non-impleaded necessary parties is maintainable due to allegations of fraud and procedural irregularity.
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