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SHAILESH P. BRAHME
Chandpasha S/o Amirsab Ansari – Appellant
Versus
Ejaz S/o Amirsab Ansari – Respondent
Question 1? Question 2? Question 3?
Key Points: - The Lok Adalat award is final and binding between parties; third parties can challenge only via independent suit or High Court for fraud (remedy outside the writ petition) (!) (!) (!) . - Bar to setting aside a compromise decree under Order 23 Rule 3A CPC; writ petition by a non-party to challenge Lok Adalat award is generally not maintainable, with exceptions for fraud or misrepresentation in extraordinary cases (!) (!) (!) (!) . - Petitioner not party to the Lok Adalat proceedings; allowed liberty to amend suit or file an independent suit to challenge the award on grounds including fraud, misrepresentation, or improper procedure (!) (!) (!) .
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Rule. Rule is made returnable forthwith with the consent of the parties. Heard the learned Counsel for the litigating sides finally.
2. The petitioner is challenging an award dated 17.03.2019 passed by the National Lok Adalat, Ausa in RCS No. 174/2019. The petitioner is a step-brother of the respondent no. 1 and step son of the respondent no. 2. The respondent no. 2 is the wife of respondent no. 3. The respondent no. 1 had filed RCS No. 174/2019 for perpetual injunction against respondent no. 2 and 3. The petitioner was not party to the litigation. The respondent no. 3 was the owner of suit land which was gifted by him to respondent no. 1 by oral Heeba. The possession of the respondent no. 1 was stated to be obstructed which was cause to file suit.
3. There was settlement amongst respondent nos. 1 to 3. Respondent no. 2 secured power of attorney of the respondent no. 3. She entered into compromise on behalf of herself and the respondent no. 3 with the respondent no. 1 on 17.03.2019. The compromise was recorded and an award was passed on 17.03.2019 by the panel of National Lok Adalat, Ausa.
4. The petitioner’s case is that respondent no. 3 was not the
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