H. P. SANDESH
Kishore s/o. Baldev Bajaj – Appellant
Versus
Basawaraj, S/o. Namasayya Ramaswami Hiremath – Respondent
ORDER :
(PER: HON’BLE MR. JUSTICE H.P. SANDESH)
1. Heard the learned counsel for the petitioner and also learned counsel appearing for the respondents.
2. The petitioner is before this Court seeking for the relief of writ of certiorari or any other appropriate writ, order or direction to quash the decree dated 25.06.2022 passed in Megha Lok Adalath in O.S.No.101/2021 produced at Annexure-V and consequently to restore the suit in O.S.No.101/2021 on the file of II Additional Senior Civil Judge and JMFC, Dharwad and grant such other reliefs as deemed fit in the circumstances of the case.
3. The factual matrix of the case of the petitioner is that;
3.1. The petitioner hails from a well known business family dealing with Automotive and a major Dealer of Ashok Leyland parts and was working as a Chief Executive Sales Officer for 14 Industries.
3.2. The petitioner came in contact with respondent No.1 and his family, as respondent No.1 showed interest in purchasing property belonging to the petitioner, more fully described in the suit.
3.3. As the respondent No.1 was retired professor, he could not mobilise the amount of sale agreement and he expressed his desperate need of house and requested to
Bhargavi Constructions Vs.Kothakapu Muthyam Reddy
Pushpa Devi Bhagat Vs. Rajinder Singh and Ors. reported in AIR 2006 SC 2628.
Pushpa Devi Bhagat Vs. Rajinder Singh and Others reported in (2006) 5 SCC 566
R. Rajanna Vs. S. R. Venkataswamy and Others reported in AIR 2015 SC 706
Sree Surya Developers and Promotes Vs. N. Sailesh Prasad and Others reported in (2022) 5 SCC 736
State of Punjab and Another Vs. Jalour Singh and Others reported in (2008) 2 SCC 660
Challenges to compromise decrees based on fraud must be made in the court that issued the decree, and such allegations require substantial proof.
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 : 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....
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
(1) Compromise of suit – To recall a compromise that has been recorded would call for strong reasons. Terms of a compromise decree cannot be avoided, unless allegation of fraud has been proved.(2) Wh....
Compromise decrees can be set aside only upon strict proof of fraud; the obligation of non-alienation does not invalidate agreements for future transactions after the stipulated period. Schools of le....
The absence of the complainant's consent in a Lok Adalat compromise invalidates the award, as statutory requirements for notice and participation are fundamental to upholding justice and preventing f....
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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