In this case, the
petitioner/plaintiffs assailing the impugned award contents that the plaintiffs
have not affixed their signatures to the compromise; award/decree is passed on
the basis of a compromise signed by their Counsel. The same is patently illegal
and therefore, requires to be set aside. It is on the basis of the signature of
their Advocate, compromise is recorded and an award/decree is passed which is
patently illegal and therefore, he submits the impugned award requires to be
set aside.
As could be seen from the
compromise, acting on the family agreement and partition deed under which the
properties of the joint family are partitioned by metes and bounds, an attempt
is made to convey properties which had fallen to their respective shares in
favour of others, probably, to make adjustments. The plaintiffs have not agreed
to the said compromise and as is clear from the facts, they have not affixed
the signatures to the compromise. This goes to show that the very purpose of
referring the matter to Lok Adalath and conducting Lok Adalath is defeated. In
the Lok Adalath, the parties have to come face to face, sit together and
resolve the dispute with the assistance of the Counsel and the members of the
Lok Adalath. If the parties are not coming together, the Advocates for the
parties cannot force compromise upon them and the Lok Adalath cannot accept
such compromise.
The Hon’ble High Court of
Karnataka allowed the writ petition and the order passed by the Lok Adalath was
set aside. The original suit was restored to its file. [Sri.
Govardhana and Another Vs. Appi and Others]
Prepared
by: S. Hemanth
Advocate
at Hemanth
& Associates
