Case Note & Summary
The petitioner, Sushila Devidas Ghorpade, a 75-year-old widow and owner of agricultural land in Solapur, filed a writ petition seeking to quash an Award dated 17 March 2019 passed by the Lok Adalat, Madha, Solapur, in RCS No.159 of 2019. The petitioner claimed to have acquired the land through a registered sale deed in 1983. She alleged that her nephews and brothers, including the respondent Ganesh Anandrao Jagdale, attempted to usurp the land by fraudulent means. Previously, she had successfully challenged a sham sale deed dated 2 January 2008 executed in favour of her relatives, obtaining a decree in SCS No.119 of 2008 from the Civil Judge, Senior Division, Barshi, on 23 September 2011, declaring it null and void. In 2019, the respondent instituted a partition suit, RCS No.159 of 2019. The petitioner stated that on 16 February 2019, the respondent took her to the civil court at Madha under the pretext of providing monetary consideration for cultivation and obtained her signatures on documents, which later turned out to be a compromise pursis leading to the Lok Adalat Award. She maintained she never agreed to relinquish her rights and filed a police complaint on 2 December 2021. The respondent opposed the writ petition, contending that it was not maintainable and that the petitioner’s only remedy was to file a civil suit for a declaration that the Award was void. The matter was heard by Justice N.J. Jamadar.
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution is maintainable to challenge an Award passed by the Lok Adalat on the ground of fraud, and whether the award can be set aside on that ground.
Case Details
2025 LawText (BOM) (06) 56
Writ Petition No.1265 of 2022 with Contempt Petition No.151 of 2025
Mr. Ashok B. Tajane, Ms. Prachiti Deshpande
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Nature of Litigation
The petitioner, defendant in the original suit, challenges the Award dated 17 March 2019 passed by the Lok Adalat in a partition suit, alleging that the compromise pursis and the award were obtained by fraud.
Remedy Sought
The petitioner seeks to quash and set aside the Lok Adalat Award dated 17 March 2019 in RCS No.159 of 2019.
Filing Reason
The petitioner claims that her signatures were obtained on the compromise pursis under false pretences, and that she never agreed to relinquish her rights in the suit land.
Previous Decisions
The petitioner had previously obtained a decree on 23 September 2011 in SCS No.119 of 2008 declaring a sale deed dated 2 January 2008 null and void and restraining the defendants from creating third-party interests. The respondent had filed RCS No.159 of 2019 for partition, which led to the impugned award.
Issues
Whether the writ petition under Article 226 of the Constitution is maintainable to challenge the Lok Adalat Award on the ground of fraud, particularly when an alternative remedy of a civil suit is available.
Whether the Award dated 17 March 2019 is vitiated by fraud and liable to be set aside.
Submissions/Arguments
Petitioner: The award was obtained by fraud; the petitioner was taken to court under pretext of payment and her signatures were obtained on documents without her understanding; the respondent and her relatives had been trying to usurp her land.
Respondent: The writ petition is not tenable; the only remedy for the petitioner is to file a substantive civil suit for a declaration that the award is void.
Judgment Excerpts
The Petitioner – Defendant takes exception to the legality and validity of the Award dated 17 March 2019 passed by the Lok Adalat, Madha, Solapur, on the basis of the compromise pursis (Exh.8) in RCS No.159 of 2019 ... primarily on the ground that the said compromise pursis and the Award were obtained by playing fraud on the Petitioner and the Lok Adalat.
At the outset, the tenability of the Writ Petition was assailed. It was contended that the only remedy for the Petitioner was to institute a substantive suit for a declaration that the Award ...
Procedural History
Petitioner owned land under sale deed dated 3-6-1983. Sham sale deed dated 2-1-2008 obtained by relatives. Petitioner filed SCS No.119 of 2008; decree on 23-9-2011 declaring sale deed null. In 2019, respondent filed partition suit RCS No.159 of 2019. On 16-2-2019, petitioner taken to court, signatures obtained. Award passed on 17-3-2019. Police complaint by petitioner on 2-12-2021. Writ petition filed in 2022.
