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2007 Supreme(Ker) 95

THOTTATHIL B.RADHAKRISHNAN
Merlin – Appellant
Versus
Yesudas – Respondent


Judgment :-

Thottathil B. Radhakrishnan, J.

Can a Lok Adalat make an award touching the rights of a minor? This is the short issue for decision in this case.

2. Heard the learned counsel for the petitioners. Having regard to the issue in hand and stature of the judgment being passed, notices to respondents are dispensed with

3. Vavachan and Karmely had three children, late Augustin, the first respondent Yesudas and the third respondent Lilly, James. The first petitioner is widow of late Augustin and the second petitioner, a minor aged 6 years, is their child. The second respondent is the wife of the first respondent.

4. Disputes arose during the lifetime of Karmely regarding an item of property. The petitioners, as heirs of Augustin, claiming share, in it, filed Ext. P4 pre-litigation petition, essentially invoking S.19(5)(ii) of the Legal Services Authorities Act, 1987, for short, hereinafter, the "Act".

5. By the time the matter reached the Legal Services Committee for consideration, Karmely died bereft of the fortune of enjoying the bliss of the amicable settlement of the disputes between her dear ones. It is stated that the parties arrived at a consensus to let respondents 1 and 2 h






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