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2025 Supreme(Online)(AP) 15755
HIGH COURT OF ANDHRA PRADESH
Dr V R K Krupa Sagar, J
Popuri Venkata Rathaiah – Appellant
Versus
Popuri Sambrajyam – Respondent
Civil Revision Petition No: 3740/2019
For the Appellants/Petitioners: K J V N Pundareekakshudu
For the Respondents: M Chalapati Rao
Compliance with Lok Adalat awards is binding, and failure to meet awarded terms permits execution of property possession as per law.
Headnote:(A) Code of Civil Procedure, 1908 - Section 115 - Lok Adalat Award - Execution of terms of compromise between parties - The defendant failed to comply with the awarded terms, including executing the settlement deed and paying agreed sums, leading to the plaintiff's execution petition for possession - The conducting court's order for possession is confirmed due to non-compliance by the defendant, supporting the authority of Lok Adalat awards. (Paras 6, 12, 18)
(B) Lok Adalat - Nature of the proceedings - Award deemed to be a decree of civil court, thereby binding on all parties, promoting amicable resolution rather than litigation. (Paras 5, 13)
(C) Execution Proceedings - The necessity of issuing notices to the defendant by the plaintiff is not stipulated within the terms of the Lok Adalat award - Enforcing the award rests upon compliance by both parties. (Paras 10, 17)
Facts of the case:
In a suit concerning immovable property, parties reached a compromise and submitted it to Lok Adalat, stipulating the defendant's obligations to settle financial terms while securing property ownership for the plaintiff.
Findings of Court:
The initial agreement was not fulfilled by the defendant, necessitating enforcement of the awarded terms which resulted in the execution order by the lower court.
Issues: The necessity of notice for property transfer and the implications of the Lok Adalat award's finality clarified.
Ratio Decidendi: Compliance with Lok Adalat awards is mandatory, the burden of which rests with all parties involved. No obligation exists for the respondent to provide additional notices for enforcement of terms that the defendant failed.
Result: The Civil Revision Petition is dismissed, affirming the execution court's order.
| Table of Content |
|---|
| 1. details of lok adalat award and its implications. (Para 3 , 4 , 5) |
| 2. arguments concerning compliance and enforcement obligations under the award. (Para 10 , 11 , 12) |
| 3. court observations on the necessity of compliance and nature of lok adalat awards. (Para 13 , 14 , 16) |
| 4. final ruling on the dismissal of the revision petition. (Para 18 , 19) |
ORDER:
1. This Civil Revision Petition, under Section 115 of the CPC, is filed by the petitioner/ Judgment debtor impugning the order dated 26.11.2019 in E.P.No.15 of 2019 in O.S.No.47 of 2013 on the file of learned Senior Civil Judge, Parchur.
2. Heard arguments of Sri K.J.V.N.Pundareekakshudu, the learned counsel for revision petitioner and Sri M.Chalapati Rao, the learned counsel for DHr/respondent.
3. At the outset, the following facts are required to be noticed:-
O.S.No.47 of 2013 was a suit filed by Smt. P.Sambrajaym against Sri P.Venkata Rathaiah. The suit was filed before learned Senior Civil Judge, Parchur. Plaint is annexed with a schedule containing item Nos.1, 2, 3 and 4 immovable properties. The prayer in the suit reads as below: -
“The plaintiff prays the Hon'ble court may be pleased to pass a decree and judgment in favour of the plaintiff and against the defendant:
a) Declaring that the plaintiff is the owner of the plaint schedule properties and for consequential possession, b) Future mesne profits, c) Costs of the suit and d) Pass such other and further orders in the interest of justice.”
4. Defendant therein filed a written statement and disputed the claim made in the plaint and prayed for the dismissal of the suit. During the pendency of the suit, it was at the behest of the parties, the trial court referred the matter to Lok Adalath. On 17.11.2018 parties arrived at a settlement and filed terms of compromise with free will and volition. Acting upon that, the Lok Adalath passed the award which reads as below.
1.The defendant agreed to discharge the mortgage loan to PDCC bank Martur and clear off all other liabilities if any of or before 28-02-2019 and he agreed to execute Regd. Settlement deed to an extent of Ac.0.80 cents including canal in Sy.No. 189/2 of Ananthavaram village out of Ac.2-04 cents land (Ac.1.04 cents of item No.1 of the plaint schedule and another Ac.1-00 cents land of the defendant and in total Ac.2.04 cents land as single plot) to the plaintiff towards her full and final settlement of her claim in the suit. The said land of Ac.0.80 cents is bounded by East: Remaining land of Defendant, South: Popuri Koteswara Rao, West: Remaining land of the defendant and North: Addanki Nageswara Rao.
2. The defendant agreed to pay Rs.8000/-(Rupees Eight Thousand Only) the plaintiff towards full and final settlement of mesne profits and the defendant shall pay the same on or before 28-02-2019.
3. In case, the defendant failed to fulfil the above terms No.1 and 2 within stipulated time i.e., on or before 28-02-2019, the plaintiff and defendant agreed that the plaintiff is an absolute owner of the Plaint schedule properties and the plaintiff is entitled to recover the possession of the properties and the defendant agreed to deliver the plaint schedule properties on or before 31-03- 2019 and in default the plaintiff is at liberty to recover the possession of the plaint schedule properties through process of law.
4. The plaintiff is entitled mesne profits from the date of suit till the delivery of possession according to law. 5. In case, the defendant will fulfil the above terms no.1 and 2, and the plaintiff herewith given up her remaining claim in the suit and future mesne profits and other maintenance "claims of the plaintiff under the decree in O.S.NO.663/2005 DT.12-10-2007 on the file of P.J.C.J.Court, Tenali and Appeal Decree in A.S.99/2007 dt.15-03-2010 on the file of P.S.C.J.Court, Tenali.
6. The parties agreed to bear their own costs. Plaint schedule is attached to the Award. Accordingly, Award is passed.”
5. An award of Lok Adalath shall be deemed to be de
