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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, SOPHY THOMAS, JJ.
Vijaya K., D/o. Krishnan – Petitioner
Versus
Muraleedharan K.G., S/o. Thekkoott Gangadharan – Respondent
M.A.(EXE.) No.7 Of 2013
Decided On : 13-06-2023
Civil Procedure Code, 1908 - Order 20 Rules 6 (1) and (9) - Property - Execute an award - Appellant moved execution court to execute award – Minimum details of property agreed to be conveyed ought to have been reflected in award, so as to make award executable - Para 2.
Finding of the Court: If award is blank and only refers to obligation without referring to nature of obligation to be performed, it become in-executable - Award passed by Lok Adalat is based on agreement between parties - Officers, presiding over such Lok Adalat must apply their mind while passing award to ensure that such award is executable - They must refer to Order 20 Rules 6 (1) and (9) of Civil Procedure Code which refers to contents of decree - Absolutely, no details are reflected in award passed to execute decree - In absence of any details as referrable above, decree is in-executable.
Result: Appeal dismissed.
JUDGMENT :
(A. Muhamed Mustaque, J.)
1. This is an unfortunate appeal resulting from an award passed by the Lok Adalat, Thrissur. The matrimonial disputes between the parties herein were resolved in Lok Adalat. The brief award passed in Lok Adalat as follows:
2. The appellant herein moved the execution court to execute the award. This has been dismissed. That is how the appellant has come up in this appeal. No discernible mind would draft an award of this kind that puts the parties who were litigating before the court at peril. The award appears to have been passed to have a numerical count of disposal before the Adalat. The minimum details of the property agreed to be conveyed ought to have been reflected in the award, so as to make the award executable. The respondent would raise a contention that the agreement to convey half share of the property owned by him is on a condition that the appellant would stay with him in a rented house.
3. Therefore, it is contended that the promise and the reciprocal promises are the underlying factors in passing the award. The appellant would contend that the appellant stayed for a while with the respondent and on account of refusal on part of the respondent to execute the deed and ill-treatment, she discontinued her stay.
4. To execute an award, it must have all the characters of a decree to enforce it. If the award is blank and only refers to the obligation without referring to the nature of the obligation to be performed, it become in-executable. The award passed by the Lok Adalat is based on the agreement between the parties. The officers, presiding over such Lok Adalat must apply their mind while passing the award to ensure that such award is executable. They must refer to Order 20 Rules 6 (1) and (9) of the Civil Procedure Code which refers to the contents of decree. Absolutely, no details are reflected in the award passed to execute the decree. In the absence of any details as referrable above, the decree is in-executable. Accordingly, we dismiss this Mat.Appeal. No order as to costs.
To execute an award, it must have all characters of a decree to enforce it.
The award of a Lok Adalat is deemed a decree of a civil court and is executable, regardless of incorrect legal citations in the application.
The court established that the failure to comply with the terms of a decree for specific performance can result in rescission of the decree, and the original decree will prevail over subsequent award....
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....
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.
Lok Adalat award without necessary party is non est; bank cannot issue NOC or sale certificate without lawful sale process after decree satisfaction.
Lok Adalat awards deemed executable decrees; maintainability upheld where breaching party challenges post-violation and divorce – merits for executing court.
Section 22C(7) of Act 1987 speaks about cognizance of cases by Permanent Lok Adalat.
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