Back
V. SRISHANANDA
Shantawwa W/o. Balappa Bhajanatri – Appellant
Versus
Hanamant Bhimappa Bhajantri – Respondent
What is the remedy to challenge a compromise decree passed in Lok Adalat under the Legal Services Authorities Act, 1987? What is the maintaining forum and with what grounds can a party challenge an impersonation/fraud in Lok Adalat awards? Is a separate civil suit under Section 9 CPC maintainable where there is a clear bar under the Act, 1987?
JUDGMENT :
Heard Shri. Laxman T. Mantagani, learned counsel for appellants and Shri. O. B. Joshi, learned counsel for the respondent.
2. Present second appeal is filed challenging the order passed in R.A. No.14/2019 dated 30.11.2020 by learned Senior Civil Judge, Saundatti, whereby the following order came to be passed:
By acting under Order XLI Rule 33 CPC, the prayer made by the appellant in the present appeal is moulded and granted as below:
(a) The judgment and decree passed in O.S.No.98/2016 dated 30.03.2019 is hereby set-aside.
(b) The final order dated 08.12.2015 decree and compromised final decree dated 20.01.2016 drawn in O.S. No.358/2015 i9s hereby set aside.
(c) The suit in O.S.No.98/2016 is remanded back before trial court for fresh adjudication in accordance with law.
(d) The suit in O.S.No.358/2015 is restored to its original file for determine for efficacious remedy, in accordance with law.
(e) The respective plaintiffs of O.S.No.98/2016 and O.S.No.358/2015 are hereby directed to implead all the alienees in their respective suit.
(f) The trial Court is hereby directed to consolidate the suits and determine the right, title and interest of the parties in accordance with
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
