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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
M. NAGAPRASANNA
Guramma, D/O Late Kemmanni Maraiah – Appellant
Versus
Nagamma Nagalapura W/O Basaiah – Respondent
| Table of Content |
|---|
| 1. petitioners challenge compromise decree. (Para 1 , 2 , 3) |
| 2. parties contest validity of the compromise. (Para 4 , 5) |
| 3. court evaluates the legitimacy of a writ petition. (Para 6 , 8) |
| 4. high court outlines procedures for challenging lok adalat awards. (Para 7 , 9) |
| 5. third-party rights in contesting fraudulent compromises. (Para 10 , 11) |
| 6. court's authority and obligation in compromise cases. (Para 12 , 14 , 15) |
ORDER:
M.NAGAPRASANNA, J.
The petitioners are before this Court calling in question a decree dated 08.07.2023, passed by the II Additional Civil Judge and JMFC, Hospete, in O.S.No.165 of 2023, drawn on the compromise petition entered into between the respondents, before the Lok Adalat and have also sought certain consequential reliefs.
2. Heard Sri Smt. Vidyavati M. Kotturshettar, learned counsel for the petitioners and Smt. Ranjita G. Alagawadi, learned counsel for respondent Nos.1, 2, 4 to 6.
3. Facts adumbrated, are as follows:
The petitioners and the respondents are said to be the members of the same family belonging to different branches of the children of one Khemmani Hanumanthappa who is the original owner of the suit schedule properties. A suit in O.S.No
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.
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.
(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....
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....
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....
Point of law : Lok Adalat – Compromise award – cannot be challenged.
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