R. RAGHUNANDAN RAO, HARINATH N.
Chinthapalli Adilakshmi @ Audemma, W/o. Late Subbarao – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary of Law and Justice – Respondent
ORDER :
(R. Raghunandan Rao, J.) :
Heard Sri G. Rama Chandra Rao, learned counsel for the petitioner. Sri S. Lakshmi Narayana Reddy, learned counsel appearing for the District Legal Services Authority. Smt. N. Revathi, learned counsel for private respondents 3 and 7 in W.P.No.34774. Sri K. Siva Rama Krishna, learned counsel for respondent No.4 and respondent No.7 in W.P.No.32131 of 2023.
2. As the writ petitions arise out of the same set of facts and have been filed challenging a common Lok-Adalat Award, settling three separate suits, these writ petitions are being disposed of together.
3. These writ petitions arise between members of one family. The petitioner in these three writ petitions is the mother, respondent No.3 is one daughter, respondent No.7 is the son of respondent No.3 and respondent No.4 is the 2nd daughter of the petitioner. Respondent No.7 in W.P.No.32131 of 2023 is the daughter of respondent No.4 in W.P.No.31774 of 2023.
4. On account of disputes over right and claim over three items of property, O.S.No.100/11, O.S.No.204 of 2005, O.S.No.206 of 2005 and O.S.No.46 of 2007 were filed before the Senior Civil Judge, Ongole. O.S.No.279 of 2008 was before the Principal Se
Bhargavi Constructions & Anr. Vs. Kothakapu Muthyam Reddy & Ors.
The Lok-Adalat can settle disputes not included in pending suits, and non-registration of an award does not invalidate it.
Point of Law : Challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very....
Invalid Lok Adalat Award due to procedural flaws and failure to comply with registration requirements under relevant statutes.
Point of law : Sub-section (4) of Section 20 of the Legal Services Authorities Act, 1987 stipulates that every Lok Adalat at the time of settlement or compromise between the parties shall be guided b....
Lok Adalat compromise decrees, though final under Section 21, can be set aside in writ jurisdiction if vitiated by fraud like non-service of summons and misrepresentation to illiterate disabled party....
Point of law : Lok Adalat – Compromise award – cannot be challenged.
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.