Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SIDDHESHWAR S.THOMBRE
Gangaram Rajba Kamble Died through his L.R.S – Appellant
Versus
Vasant S/o Mariba Kamble – Respondent
JUDGMENT :
SIDDHESHWAR S. THOMBRE, J.
1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, the petition is taken up for final hearing at the stage of admission.
2. The petitioner is aggrieved by the compromise decree passed in Lok Adalat in R.C.S. No.47 of 2016 dated 13.02.2016.
3. Learned counsel for the petitioner, Mr. H. V. Patil, submits that the petition was filed by the original petitioner, who was an aged person. During the pendency of the proceedings, the original petitioner expired and present petitioner Nos.1(1) to 1(4) have been brought on record as his legal heirs.
4. Learned counsel further submits that the compromise decree dated 13.02.2016 has been obtained by fraud and is liable to be set aside. He invited my attention to the Rojnama in R.C.S. No.47 of 2016 (page 34), to submit that respondent No.1 herein, namely Vasant Kamble, had filed a suit for declaration and perpetual injunction. In the said suit, Gangaram, Sheshrao, Ranganath and Dadarao were arrayed as defendant Nos.1 to 4.
5. He submits that as per the Rojnama, on 25th January 2016, the learned Trial Court directed issuance of summons to the defendants and adjourned th
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....
Challenges to compromise decrees based on fraud must be made in the court that issued the decree, and such allegations require substantial proof.
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....
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....
The Permanent Lok Adalat lacks jurisdiction over property disputes not involving public utility services, and awards obtained through fraud are void.
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.
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
