Mohan Omanna Astekar v. Ramachandra Omanna Astekar
2014-01-02
N.KUMAR
body2014
DigiLaw.ai
ORDER : N. Kumar, J. 1. This writ petition is filed challenging the award passed by the Lok Adalath, on the ground that the petitioner and the 3rd and 4th respondents signature was taken to the compromise petition without explaining the contents of the same. They belonged to maratha community their mother tongue is Marathi and the compromise terms are in Kannada language. Even before the Lok Adalath, neither the Counsel nor the members translated and explained the contents of the compromise petition. On the contrary, the members of the Lok Adalath only asked whether the signature/thumb impression is put on the compromise petition or not. The petitioner stated in the affirmative and came out of the Lok Adalath premises and the award came to be passed by the Lok Adalath. The grievance is that this compromise is entered into at the final stage of the final decree proceedings. The properties, which are sold are not taken into account i.e., two house properties. Remaining house properties are given to the person, who has lost the legal battle. Even fertile lands were given to them and therefore they have sought for setting aside of the award passed by the Lok Adalath. 2. Though, the respondent Nos. 1 and 2 are duly served and represented by their Counsel, till today no statement of objections are filed traversing the allegations made in the writ petition. 3. Heard the learned Counsel appearing for the parties. 4. Lok Adalath is an accepted alternative mode of resolution of the dispute under the Legal Service Authority Act, 1987. The provision is made for the resolution of the dispute in Lok Adalath by compromise and by settlement, so that the litigation should be put an end by give and take and the parties are saved from huge expenses and torture. Even in cases where the preliminary decrees are passed in partition suits and the matters are pending in final decree proceedings, the parties are encouraged to enter into compromise to see that the properties are distributed amicably, so that the relationships are maintained and the litigation come to an end once for all. Keeping this in mind, the object with which the Lok Adalath was entrusted by the Parliament in the aforesaid Act, if that object is not achieved by passing of an award, the entire concept of Lok Adalath would lose its efficacy.
Keeping this in mind, the object with which the Lok Adalath was entrusted by the Parliament in the aforesaid Act, if that object is not achieved by passing of an award, the entire concept of Lok Adalath would lose its efficacy. Now a day we are also hearing complaints that this wonderful concept has been abused. A person, who has succeeded in the litigation through out and he has initiated the final decree proceedings and was in the verge of getting the fruits of hard labour loses the benefit, by virtue of a compromise before the Lok Adalath. The very object of Lok Adalath would be defeated. Under these circumstances, in order to see that this experiment of Lok Adalath do not get bad name and to preserve its sanctity and purity, whenever such unequitable distributions are made and the allegations are not even traversed, it becomes the duty of this Court to set aside such orders and restore the proceedings back to the original place. 5. In that view of the matter, having regard to the nature of the allegations made in the petition and the decrees, which are passed and the way the properties sought to be distributed in the alleged compromise entered into between the parties, I am satisfied, it is a case where the Court should set aside the award passed by the Lok Adalath. Hence, I pass the following order: (i) The writ petition is allowed. (ii) The impugned award passed by the Lok Adalath is hereby set aside and the parties are relegated back to the position before the award passed by the Lok Adalath. If it is not possible to take satisfactory solution before the Lok Adalath, the case shall be returned back to the Civil Court and the final decree proceedings shall be continued, so that the Law can take its own course and the preliminary decree passed by the Civil Court is given effect to. (iii) Parties to bear their own costs.