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ILESH J. VORA
Pushpaben Manjibhai Patel – Appellant
Versus
Mahesh Srichand Kotwani – Respondent
JUDGMENT :
1. Challenge in this petition filed under Article 227 of the Constitution of India, is to the consent decree dated 16.08.2002 passed by the learned 8th Joint Civil Judge (JD) Ahmedabad, Rural in Regular Civil Suit (RCS) No. 464 of 2002, by which, the trial Court, in pursuance to compromise purshis given by parties, vide Exh.16, disposed of the Civil Suit in Lok Adalat, vide judgement and decree dated 17.08.2002.
2. Facts and circumstances giving rise to filing of the present petition are as under:
b. Petitioners being NRI, submitted application form to the society for purchase of subject plots and agreement to this effect was executed by the society on 16.12.1994 and consideration thereof was being paid thereafter and share certificates along with the possession receipt have been issued by this society and since then, they are lawful owners of the suit plots.
c. The petitioners put a fencing upon the suit plots as well as sign board.
d. The respondents No.1 to 4, are also claiming their right over the
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....
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....
A consent decree obtained by fraud is a nullity and can be challenged in any court, reinforcing the principle that fraud vitiates all judicial acts.
(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....
An appeal against a consent decree is barred under Section 96(3) of the CPC; aggrieved parties must contest the decree's validity in the same court that issued it.
A consent decree obtained by fraud must be challenged in the court that issued it; separate suits for challenge are not maintainable.
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....
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