Case Note & Summary
The petitioners, Kusumbai (widow of Ramesh Palve) and her two daughters Swati and Mangal, filed a writ petition challenging a Lok Adalat award dated 08.07.2017 passed in Regular Civil Suit No.730/2017. The suit was between Bhausaheb (brother of Ramesh) and Kondabai (mother) and Lahanabai (sister). The petitioners claimed that they were entitled to a share in the ancestral properties and that the compromise in the suit excluded them. The court noted that the petitioners had earlier filed RCS No.447/2000 for partition, which was compromised in Lok Adalat on 02.09.2002. In that compromise, certain properties were allotted to Kondabai and Lahanabai. The present suit RCS No.730/2017 was filed by Bhausaheb against Kondabai and Lahanabai, and the compromise therein dealt with two properties. The petitioners were not parties to that suit. The court held that a third party cannot challenge a Lok Adalat award unless fraud or collusion is alleged, and the proper remedy is a substantive civil suit. The writ petition was dismissed as devoid of merit.
Headnote
A) Civil Procedure - Lok Adalat Award - Challenge by Third Party - Whether a third party can challenge a Lok Adalat award on the ground of being excluded from litigation - The petitioners, who were not parties to the compromise in Regular Civil Suit No.730/2017, sought to challenge the Lok Adalat award dated 08.07.2017. The court held that a third party cannot challenge a consent award unless fraud or collusion is alleged, and the remedy lies in a substantive suit, not a writ petition. (Paras 2, 10-12) B) Civil Procedure - Partition Suit - Compromise Decree - Binding Nature - The compromise award in RCS No.447/2000 dated 02.09.2002 was binding on the parties. The subsequent suit RCS No.730/2017 was between different parties, and the petitioners were not parties to that compromise. The court found no merit in the petition and dismissed it. (Paras 3-9)
Issue of Consideration
Whether a third party can challenge the award of the Lok Adalat before the High Court on the ground that the litigating sides had excluded the third party from the litigation?
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Lok Adalat award cannot be challenged by a third party who was not a party to the compromise
- Third party cannot seek to set aside consent award without alleging fraud or collusion
- Writ petition under Article 226 not maintainable for challenging Lok Adalat award by non-party
