K. SRINIVASAPPA & ORS. versus M. MALLAMMA & ORS.

K. SRINIVASAPPA & ORS. versus M. MALLAMMA & ORS.

The High Court's order recalling the compromise recorded by the Lok Adalat was set aside because the High Court failed to give reasons and did not deal with the Lok Adalat's findings; an award of a Lok Adalat is equivalent to a civil court decree and final, and allegations of fraud to set aside such a compromise must be strictly and conclusively proved, which was not done in this case; therefore the Lok Adalat order dated 07.07.2012 is restored.

Parties
Appellant: K. Srinivasappa & Ors.; Respondent: M. Mallamma & Ors.
Jurisdiction
India
Judgment Date
18 May 2022
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the High Court of Karnataka Dated 17.04.2015 in Writ Petitions Nos.20607 20609 of 2013 Recalling Lok Adalat Order
Outcome
Appeals allowed; impugned High Court judgment set aside and Lok Adalat award restored
Legal Topics
Compromise Decree, Lok Adalat Award, Fraud in Obtaining Consent, Finality of Settlements, Order XXIII Rule 3 CPC, Section 21 Legal Services Authorities Act, 1987
Civil Procedure Alternative Dispute Resolution Constitutional Law Compromise Decree Lok Adalat Award Fraud in Obtaining Consent Finality of Settlements Order XXIII Rule 3 CPC +1 more

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Parties

K. Srinivasappa & Ors.

Appellant

M. Mallamma & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the High Court of Karnataka Dated 17.04.2015 in Writ Petitions Nos.20607 20609 of 2013 Recalling Lok Adalat Order

Legal Issues

  1. 1 Whether the High Court could recall/set aside a compromise recorded by a Lok Adalat without adequate reasons
  2. 2 Whether allegations of fraud in obtaining signatures on a compromise petition were proved sufficiently to avoid the compromise decree
  3. 3 Whether an award of a Lok Adalat is final and equivalent to a decree of a civil court and the consequences for challenge or appeal

Ratio Decidendi

The High Court's order recalling the compromise recorded by the Lok Adalat was set aside because the High Court failed to give reasons and did not deal with the Lok Adalat's findings; an award of a Lok Adalat is equivalent to a civil court decree and final, and allegations of fraud to set aside such a compromise must be strictly and conclusively proved, which was not done in this case; therefore the Lok Adalat order dated 07.07.2012 is restored.

Court Disposition

Appeals allowed; impugned High Court judgment set aside and Lok Adalat award restored

Orders

  • Impugned judgment of the High Court dated 17.04.2015 is set aside
  • Order of the Lok Adalat dated 07.07.2012 recording the compromise is restored