V. SRISHANANDA
Shantawwa w/o. Balappa Bhajanatri – Appellant
Versus
Hanamant Bhimappa Bhajantri – Respondent
JUDGMENT
Heard Shri. Laxman T. Mantagani, learned counsel for appellants and Shri. O. B. Joshi, learned counsel for the respondent.
2. Present second appeal is filed challenging the order passed in R.A. No.14/2019 dated 30.11.2020 by learned Senior Civil Judge, Saundatti, whereby the following order came to be passed:
“ORDER
By acting under Order XLI Rule 33 CPC, the prayer made by the appellant in the present appeal is moulded and granted as below:
(a) The judgment and decree passed in O.S.No.98/2016 dated 30.03.2019 is hereby set-aside.
(b) The final order dated 08.12.2015 decree and compromised final decree dated 20.01.2016 drawn in O.S. No.358/2015 i9s hereby set aside.
(c) The suit in O.S.No.98/2016 is remanded back before trial court for fresh adjudication in accordance with law.
(d) The suit in O.S.No.358/2015 is restored to its original file for determine for efficacious remedy, in accordance with law.
(e) The respective plaintiffs of O.S.No.98/2016 and O.S.No.358/2015 are hereby directed to implead all the alienees in their respective suit.
(f) The trial Court is hereby directed to consolidate the suits and determine the right, title and interest of the parties in accordance
Challenge to Compromise Decree – Only remedy is to file a writ petition and not a separate suit.
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.
Challenges to compromise decrees based on fraud must be made in the court that issued the decree, and such allegations require substantial proof.
Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.
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....
A Lok Adalat award can be challenged by filing a writ petition under Article 226/227 of the Constitution of India on limited grounds, and a civil suit is not maintainable to challenge a Lok Adalat aw....
The finality and binding nature of awards passed by Lok Adalat, and the prohibition on filing suits to set aside a decree based on a compromise.
(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....
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....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.