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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
M. A. CHOWDHARY, J
Mushtaq Ahmad Bhat – Appellant
Versus
Sheeraza Akhter – Respondent
| Table of Content |
|---|
| 1. challenge to lok adalat award (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's claims of coercion (Para 7 , 8 , 9 , 10 , 11) |
| 3. awareness of compromise deed (Para 12 , 13 , 16 , 18) |
| 4. finality of lok adalat awards (Para 14 , 15) |
| 5. petitions dismissed (Para 17) |
JUDGMENT :
1. These are the three connected matters clubbed together and have come up for consideration before this Court. Same are proposed to be disposed of by this common judgment.
2. In essence, the issue involved in all the three petitions revolves around authenticity of a written compromise arrived at between the petitioner-Mushtaq Ahmad Bhat (husband) and respondent No.1- Sheeraza Akhter (wife), which formed the basis for passing of the Award dated 10.02.2018 by the Lok Adalat at Pulwama.
3. Through the medium of one of the connected petition CM(M) No. 45/2019, the petitioner invokes the power of superintendence of this Court vested under Article 227 of the Constitution of India to assail the order dated 27.07.2019 (impugned herein) passed by the court of learned Sub Judge/Special Mobile Magistrate, Pulwama (Trial court) in File No. 30/Meem titled ‘Sheeraza Akhter Vs. Mushtaq Ahmad Bhat’, mainly on the ground that
A Lok Adalat award is final and binding, and can only be challenged by proving the underlying agreement is invalid or illegal.
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.
(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....
The court established that a valid reference to Lok Adalat is mandatory for its jurisdiction, and failure to comply with this requirement invalidates any award made.
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
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....
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....
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....
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