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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Moushumi Bhattacharya, Gadi Praveen Kumar
K.Kalyani – Appellant
Versus
State Legal Services Authority – Respondent
| Table of Content |
|---|
| 1. challenge on validity of lok adalat award. (Para 1 , 2 , 4) |
| 2. arguments concerning procedural violations. (Para 5 , 6 , 7) |
| 3. background on property and family relations. (Para 8 , 9 , 15 , 16) |
| 4. evaluation of release deed's legality. (Para 20 , 24 , 28) |
| 5. final ruling on award's validity. (Para 38 , 39) |
ORDER :
Moushumi Bhattacharya, J.
1. The petitioners seek a declaration that an un-dated Lok Adalat Award passed in O.S.No.674 of 2020 on the file of the Mandal Legal Services Committee: Additional Junior Civil Judge, Malkajgiri, Medchal- Malkajgiri District, is illegal, violates the principles of natural justice and is contrary to the provisions of The Legal Services Authorities Act, 1987 (‘the 1987 Act’).
2. The impugned Award was passed in a Suit filed by the respondent No.4 before the I Additional Junior Civil Judge-cum-I Additional Metropolitan Magistrate at Kushaiguda, Medchal-Malkajgiri District (‘Trial Court’) for partition and separate possession. The petitioner No.1 was the defendant No.3; the petitioner No.2 was the defendant No.4 in the said Suit filed by the respondent No.4. The respondent No.5 was the defendant No.1; the respondent No.6 was the defendant
Invalid Lok Adalat Award due to procedural flaws and failure to comply with registration requirements under relevant statutes.
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.
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.
Point of law : Sub-section (4) of Section 20 of the Legal Services Authorities Act, 1987 stipulates that every Lok Adalat at the time of settlement or compromise between the parties shall be guided b....
The Permanent Lok Adalat lacks jurisdiction over property disputes not involving public utility services, and awards obtained through fraud are void.
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....
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