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GAURI GODSE
Madhukar Baburao Shete – Appellant
Versus
Yogesh Trimbak Shete – Respondent
JUDGMENT:
1. Rule. Rule made returnable forthwith. Mr. Patil waives service for respondent no. 1 (“respondent”), and Mr. Kanade waives service for respondent no. 2. In view of the order dated 8th May 2024, the petition is taken up for final disposal.
FACTS IN BRIEF:
2. This petition is filed by the original defendant to challenge the Award passed by the Lok Adalat disposing of the suit in terms of the settlement arrived at between the parties before the Lok Adalat. The petitioner challenges the Award on the ground that he never intended to settle the dispute and was unaware that his signature was obtained on the settlement terms.
3. Considering the controversy involved in the petition, by order dated 9th January 2024, the petitioner was permitted to amend the petition to add Maharashtra State Legal Services Authority (“MSLSA”) as a party respondent in the petition.
4. The respondent filed a Regular Civil Suit No. 781 of 2017 in the Civil Court at Barshi. The suit was filed on 1st September 2017 and was registered as a Regular Civil Suit on 4th September 2017. It is the petitioner’s case that he had never received any suit summons, and there was no reference made as contemplated under Se
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.
The Lok Adalat must comply with legal protocols regarding hearings and membership, or its awards risk being invalidated.
Point of law : Lok Adalat – Compromise award – cannot be challenged.
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....
Once there is no compromise and/or a settlement between parties before Lok Adalat, matter has to be returned to Court from where matter was referred to Lok Adalat for deciding the matter on merits by....
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.
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 : Sub-section (4) of Section 20 of the Legal Services Authorities Act, 1987 stipulates that every Lok Adalat at the time of settlement or compromise between the parties shall be guided b....
The Lok Adalat exceeded its jurisdiction by making a non-party to the original suit a party and failing to provide a fair hearing, violating the Legal Services Authority Act.
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