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2020 Supreme(Ker) 398

B.SUDHEENDRA KUMAR
Sunanda, D/o. Madhavan – Appellant
Versus
Sundaran, S/o. Gopalakrishnan – Respondent


Advocates:
Advocate Appeared:
SRI.BABU KARUKAPADATH, SRI. C.J.DENNY, SMT.AMRIN FATHIMA, SRI.K.M.FAISAL (KALAMASSERY), SMT.M.A.VAHEEDA BABU, SRI.P.U.VINOD KUMAR

JUDGMENT :

Ext.P3 award dated 14.01.2011 in O.S.No.1766 of 2010 of Sub-Court, Thrissur passed by the Lok Adalat his under challenge in this original petition.

2. Service is complete. However, there is no appearance for the respondent.

3. Heard the learned Counsel for the petitioners.

4. The petitioners are the defendants in the above said suit. The petitioners would contend that they were not aware of Ext.P3 award passed by the Lok Adalat and that they were not signatories to the said award and hence, the said award cannot be sustained.

5. Ext.P3 award would show that the matter was settled as per the compromise petition filed by the parties, which was attached to the award. The compromise petition attached to the said award is a petition filed before the Sub Court, Thrissur under Order 23 Rule 3 CPC. The Lok Adalat treated the said petition as a compromise petition and passed the award.

6. At the outset, it has to be noted that the Lok Adalat has no power to act upon a compromise petition filed under Order 23 Rule 3 CPC. The Civil Court alone has the power to deal with such compromise petition. The civil court will record the composition and pass compromise decree in accordance with law

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