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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
Not mentioned, Not mentioned
DILIP MEHTA – Appellant
Versus
RAKESH GUPTA & ORS. – Respondent
Summary of Para 9:
Courts have clarified that Lok Adalat awards based on party settlements are final, binding, and executable as civil court decrees, with no statutory appeal available. Challenges to such awards are permissible only through writ proceedings under Articles 226 or 227 of the Constitution, limited to grounds like lack of consent, jurisdictional defects, or fraud. A civil suit seeking to set aside an award is not maintainable, as writ jurisdiction provides the proper remedy.[9]
Summary of Para 10:
The core principle is that statutory finality of Lok Adalat awards precludes appellate review or ordinary civil remedies, such as suits or collateral attacks treating the award as a decree. While executable as a decree, the award's validity cannot be questioned in civil proceedings; the exclusive challenge route is the High Court's supervisory writ jurisdiction.[10]
ORDER
1. Leave granted.
2. The present appeal arises from the judgment and order dated 06.11.2023 passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur in Writ Appeal No. 427 of 2023. By the said judgment, the Division Bench affirmed the order dated 27.02.2023 passed by the learned Single Judge in Writ Petition (Civil) No. 22367 of 2022. The writ petition had called in question a compromise decree dated 14.05.2022 passed by the Lok Adalat, Jabalpur in R.C.S. No. 229-A of 2022 and the consequential execution proceedings in Execution Case No. EX- A/40/2022, but was dismissed on the ground that the appellant had already invoked the remedy of Signature Not Verified SONIA BHASIN Date: 2025.12.06 Reason:
3. The facts giving rise to the present appeal are as follows:
3.1. The appellant is a purchaser of certain immovable property situated at Jabalpur. The said property originally belonged to one Smt. Siya Bai. On 29.11.2008, a power of attorney in respect of the property was executed in favour of respondent No. 3, who is described in the civil proceedings as Virendra Patel. However, on 21.01.2009, an agreement to sell in respect of the property was executed between resp
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