A Lok Adalat Award is final and binding, and a subsequent suit challenging it is not maintainable due to res judicata principles.

ORDER :

NYAPATHY VIJAY, J.

1. The present Civil Revision Petition is filed questioning the Order dated 07.12.2021 in I.A.No.76 of 2019 in O.S.No.6 of 2019 passed by the Senior Civil Judge, Tekkali, Srikakulam District, dismissing the application filed for rejection of plaint.

2. Brief facts: The Petitioners are the Defendants. The suit O.S.No.6 of 2019 was filed by the Respondent/Plaintiff for partition of the schedule properties into three equal shares and allot one such share to the Plaintiff/Respondent. The Petitioners/Defendants filed their Written Statement disputing the claim of the Plaintiff/Respondent.

3. Thereafter, the Petitioners/Defendants filed I.A.No.76 of 2019 seeking to reject the plaint under Order 7 Rule 11 CPC . In the said application, it was pointed out that P.L.C.No.29 of 2017 was filed by the Plaintiff/Respondent before the Lok Adalat Bench, Mandal Legal Services Authority Committee at Tenali against the Petitioners/Defendants for partition of the very same schedule properties and allotment of 1/3rd share to the Plaintiff/Respondent.

4. It was pleaded that after due negotiations, the dispute between the parties was compromised and a Lok Adalat Award was passed on 09.09.2017 agreeing to give ‘A’ schedule properties covered under Lok Adalat Award dated 09.09.2017 i.e. 2 tulas of gold and Ac.0.20 cents of land in Survey No.14-3, Patta No.213 situated at Chinthagara Village, Bhagavanpuram Gram Panchayat, Tekkali Mandal, Srikakulam District to the Respondent/Plaintiff by way of a registered Gift Deed dated 08.09.2017 vide document bearing No.1848 of 2017.

5. The ‘B’ schedule properties under the Award were allotted to the Defendants/Petitioners. Thereafter, the Plaintiff/Respondent filed W.P.No.6708 of 2018 before this Court questioning the Lok Adalat Award dated 09.09.2017 passed in P.L.C.No.29 of 2017. This Court had dismissed W.P.No.6708 of 2018 on 26.07.2018. Subsequently, the present suit was filed seeking for the very same relief of partition of the plaint schedule properties, in October, 2018.

6. It is the case of the Petitioners/Defendants that once the Lok Adalat Award was passed and the same stood confirmed by this Court, no cause of action is available to the Respondent/Plaintiff for filing the present suit. The Plaintiff/Respondent filed her Counter. In the Counter there was no dispute about passing of the Lok Adalat Award and dismissal of the Writ Petition filed by the Plaintiff/Respondent.

7. The trial Court after hearing the respective contentions rejected the application on the ground that the Lok Adalat Award at best amounts to res judicata and the application for rejection of plaint cannot be entertained on the ground of res judicata. Hence, the present Civil Revision Petition is filed.

8. Heard Sri V.S.R.Anjeneyelu, learned senior counsel for M/s Vangala Sailaja, learned counsel for the Petitioners and Sri Raj Kumar, learned senior counsel for Sri Sapthagiri Metta, learned counsel for the Respondent.

9. Contentions: The senior counsel appearing for the Petitioners/Defendants contended that once the Lok Adalat Award is passed, the same cannot be questioned in the suit as held in Bharvagi Construction and Another vs. Kothakapu Muthyam Reddy and  Others, 2018 (13) SCC 480. It is also his contention that the Plaintiff/Respondent by her conduct is accepting part of the Lok Adalat Award by retaining the benefit under the Award and yet seeking for partition of the balance extents of properties. The senior counsel emphasized on Clause (5) of the Award, which says that the parties shall not raise any dispute with regard to the properties.

10. The counsel appearing for the Respondent/Plaintiff contended that it is apparent that the partition effected under the Lok Adalat Award is uneven and meagre property was allotted to the Plaintiff/Respondent and therefore the Plaintiff/Respondent had filed the suit seeking for her rightful share as provided under the Hindu Succession Act.

11. Reasoning: The Lok Adalat Award