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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Abul Kalam Azad – Appellant
Versus
A.L. Jawaharlal – Respondent
| Table of Content |
|---|
| 1. details of the case and parties involved (Para 2) |
| 2. petitioner's arguments regarding the lok adalat award (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's observations on arguments and prior rulings (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
ORDER :
1. The revision petitioner is the defendant in O.S.No.13 of 2005 on the file of the Principal District and Sessions Judge, Perambalur. The executing Court has passed a docket order in I.A.No.22 of 2007 in the suit, directing the Advocate Commissioner to carry out the warrant and submit his report. The said order is under challenge in the present revision petition.
2. I have heard Mr.V.Raghavachani, learned Senior Counsel for Mrs.V.Srimathi, learned counsel for the petitioner and Mr.G.Ilamurugu, learned counsel for the respondent.
3. Mr.V.Raghavachari, learned Senior Counsel appearing for the revision petitioner would submit that the suit filed in O.S.No.13 of 2005 was referred to the Lok Adalat and an award came to be passed with the consent of the parties before the Lok Adalat. He would further state that in terms of the Lok Adalat award, the parties, by resorting to sale of the common prop
The obligation to pay under a Lok Adalat award arises from common property sales, reinforcing the binding nature of mutual agreements on debt repayment.
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....
(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....
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....
The Lok-Adalat can settle disputes not included in pending suits, and non-registration of an award does not invalidate it.
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