Dismissed

Limbibai W/O. Hanamant Patil v. Bhimappa S/O. Krishnappa B Patil

Karnataka HC19 Nov 2019WP/106518/2015

Case brief

AI extract

What is this about?

Petitioners challenged the dismissal of their application to set aside a Lok Adalat compromise decree via an order dated 16.03.2015 under Article 227 of the Constitution. The bench held the High Court could not interfere under Section 151 CPC, but dismissed petitions with liberty to assault the decree directly under Articles 226 and 227.

What did the court decide?

Petitions dismissed with liberty to challenge the compromise decree under Articles 226 and 227.

Limbibai W/O. Hanamant Patil Vs Bhimappa… — Civil Procedure and Limitation | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF NOVEMBER 2019

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BEFORE

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THE HON’BLE MR.JUSTICE ALOK ARADHE

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W.P. NO.106518/2015 & W.P. NO.109896/2015 (GM-CPC)

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BETWEEN

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LAXMIBAI W/O. HANAMANT PATIL AGE: 28YEARS, OCC: AGRICULTURE & HOUSEHOLD WORK R/O. VANTAGODI VILLAGE, TQ: MUDHOL DIST: BAGALKOT

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ANASUYA W/O. BHIMAPPA B PATIL @ MIRJI @ NADGOUD AGE: 48 YEARS, OCC: HOUSEHOLD WORK R/O. VANTGODI VILLAGE, TQ: MUDHOL DIST: BAGALKOT

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... PETITIONERS

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(BY SRI. MALLIKARJUN MADNALLI, ADV.)

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AND

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BHIMAPPA S/O. KRISHNAPPA B PATIL @ MIRJI @ NADGOUD AGE: 53 YEARS, OCC: AGRICULTURE R/O. BHAIRNATTI VILLAGE TQ: GOKAK DIST: BELAGAVI

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PARWATI CALLING HERSELF AS W/O. BHIMAPPA B PATIL @ MIRJI @ NADGOUD AGE: 43 YEARS, OCC: HOUSEHOLD WORK R/O. BHAIRNATTI VILLAGE

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TQ: GOKAK DIST: BELAGAVI

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ROOPA CALLING HERSELF AS D/O. BHIMAPPA B PATIL @ MIRJI @ NADGOUD AGE: 12 YEARS, OCC: STUDENT MINOR R/BY HER GUARDIAN MOTHER PARWATI CALLING HERSELF AS W/O. BHIMAPPA B PATIL @ MIRJI @ NADGOUD AGE: 43 YEARS, OCC: HOUSEHOLD WORK R/O. BHAIRNATTI VILLAGE TQ: GOKAK DIST: BELAGAVI

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... RESPONDENTS

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(BY SRI.SACHIN C KULKARNI, ADV. FOR R1 AND R2, R3 IS MINOR REP. BY R1)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED COMPROMISE DECREE DATED 24.10.2007 PASSED IN O.S.NO. 227/2007 BEFORE THE COURT OF THE ADDL. CIVIL JUDGE SR. DN. GOKAK BEFORE THE LOK ADALAT GOKAK VIDE ANNEXURE-C AND QUASHING THE IMPUGNED ORDER DTD: 16/03/2015 IN O.S.NO. 227/2007 PASSED BY THE COURT OF THE PRL.CIVIL JUDGE ( SR.DN) GOKAK AT GOKAK VIDE ANNEXURE-E.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY THE COURT MADE THE FOLLOWING:

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ORDER

Heard.

In these petitions under Article 227 of the Constitution of India, the petitioners inter alia assailed the validity of the order dated 16.03.2015 by which an application filed by the petitioners under Section 151 of CPC for setting aside the compromise decree passed by the Lok Adalat has been dismissed.

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In view of Section 21 of the Legal Services Authorities Act, the aforesaid application could not have been entertained by the Trial Court. Therefore, the same has rightly been rejected. However, in the fact situation of the case, these writ petitions are disposed of with liberty to the petitioners to challenge the compromise recorded by the Lok Adalat by way of a petition under Articles 226 and 227 of the Constitution of India.

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With the aforesaid liberty, the petitions are disposed of.

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Sd/JUDGE

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Rsh

Limbibai W/O. Hanamant Patil v. Bhimappa S/O. Krishnappa B Patil

Case brief

What is this about?

What did the court decide?

Limbibai W/O. Hanamant Patil v. Bhimappa S/O. Krishnappa B Patil

Case brief

What is this about?

What did the court decide?

What the court decided

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