ORDER:

(Cheekati Manavendranath Roy, J.)

1. This Writ Petition is filed challenging the legal validity of the award dated 17.03.2012 passed by the Lok Adalat Bench and to set aside the same.

2. The facts of the case show that the case on hand is yet another classic example of playing fraud in the Lok Adalats in obtaining awards, particularly, in suits filed for partition of the family properties.

3. Relevant facts necessary to dispose of the Writ Petition may briefly be stated as follows:

The plaintiff has filed the suit against 5 defendants for partition of the plaint schedule properties therein. The plaintiff and the defendants 1 to 4 in the suit are the siblings, whereas the 5th defendant is purchaser of some of the properties relating to the family. In the said suit, defendants 1 and 3 to 5 were set ex parte. Only 2nd defendant originally contested the suit. After defendants 1 and 3 to 5 were set ex parte, 2nd defendant who contested the suit did not oppose the claim of the plaintiff who claimed 1/5th share in the plaint schedule properties. Thereafter, on a joint memo filed by the plaintiff and 2nd defendant, the trial Court referred the matter to Lok Adalat for settlement. The