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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Behara Kiran Kumar – Appellant
Versus
Venkumahanthi Asha Jyothi – Respondent
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
A Lok Adalat Award is final and binding, and a subsequent suit challenging it is not maintainable due to res judicata principles.
The award of Lok Adalat is final and binding, challengeable only through writ petitions under Articles 226 and 227, not in Civil Court.
A Lok Adalat award can be challenged by filing a writ petition under Article 226/227 of the Constitution of India on limited grounds, and a civil suit is not maintainable to challenge a Lok Adalat aw....
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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