Disposed

Abdul Khadar S/O Ismailsab Bepari v. Smt.Neelamma W/O Manohar Balujigi

Karnataka HC25 Aug 2021WP/109971/2019

Case brief

AI extract

What is this about?

The High Court held the impugned Lok Adalat compromise decree is not binding on petitioners not parties to it. Petitioners were allowed to file a separate suit within four weeks to assert their claims, with an interim order extended.

What did the court decide?

Petition disposed off holding the Lok Adalat decree not binding on petitioners; leave granted to file a separate suit within four weeks.

Abdul Khadar S/O Ismailsab Bepari Vs… — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO.109971/2019 (GM-RES)

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BETWEEN

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ABDUL KHADAR S/O ISMAILSAB BEPARI, AGE: 65 YEARS, OCC: AGRICULTURIST, R/O SADARASOFA,OLD HUBLI, TQ: HUBLI, DIST: DHARWAD-580024.

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SMT. FATIMA D/O ISMAILSAB BEPARI, (AFTER MARRIAGE FATIMA- W/O HAMEEMSAB KATTIMANI), AGE : 67 YEARS, OCC: AGRICULTURIST, R/O KUMBAR ONI, HUBLI, PIN-580024.

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MAHABOOB S/O ISMAILSAB BEPARI, AGE : 57 YEARS, OCC : AGRICULTURIST, R/O SADARASOFA,OLD HUBLI, TQ: HUBLI, DIST: DHARWAD-580024.

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MOHAMMAD SALEEM S/O ISMAILSAB BEPARI, AGE : 54 YEARS, OCC : AGRICULTURIST, R/O SADARASOFA, OLD HUBLI, TQ: HUBLI, DIST: DHARWAD, PIN-580024.

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SMT. HAMEEDA D/O ISMAILSAB BEPARI, (AFTER MARRIAGE HAMEEDAW/O MEHABOOBSAB BAIRIKOPPA) AGE: 45 YEARS, OCC: AGRICULTURIST, R/O S.M.KRISHNA NAGAR, HUBLLI, PIN-580024.

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ABDUL RAZAK S/O ISMAILSAB BEPARI, AGE : 37 YEARS, OCC : AGRICULTURIST, R/O SADARASOFA, OLD HUBLI, TQ: HUBLI, DIST: DHARWAD, PIN-580024.

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SMT. JUBEDA D/O ISMAILSAB BEPARI, (AFTER MARRIAGE JUBEDAW/O IMAMHUSEN UMANABADI) AGE: 36 YEARS, OCC: AGRICULTURIST, R/O PENDARGALLI, GADAG BETAGERI, DIST : GADAG.

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SMT. PARVEEN D/O ISMAILSAB BEPARI, (AFTER MARRIAGE PARVEEN, W/O. MOHAMMED NAWAZ SOOSIWALE,) AGE : 34 YEARS, OCC: AGRICULTURIST, R/O KUMBAR ONI, HUBLI-580024.

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SHARFUDDIN URF SAIFODDIN S/O ISMAILSAB BEPARI, AGE : 33 YEARS, OCC : AGRICULTURIST, R/O SADARASOFA, OLD HUBLI, TQ: HUBLI, DIST: DHARWAD, PIN-580024.

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BASHEER AHMED S/O ISMAILSAB BEPARI, AGE : 31 YEARS, OCC : AGRICULTURIST, R/O SADARASOFA,OLD HUBLI, TQ: HUBLI, DIST: DHARWAD-580024. PETITIONER NOS. 1 TO 8 AND 10 ARE REPRESENTED BY THEIR GPA HOLDER PETITIONER NO.9.

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SMT. MEHABBOBI W/O ABDULGAFUR BEPARI, AGE : 49 YEARS, OCC: HOUSEHOLD WORK, R/O KOTAWADA, TQ: PONDA, DIST: GOA, PIN-403401.

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SMT. RESHMABANU D/O ABDULGAFUR BEPARI, (AFTER MARRIAGE RESHMAW/O MOHAMMED RASHEED IDRIS),

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AGE : 37 YEARS, OCC: HOUSEHOLD WORK, R/O KOTAWADA, TQ: PONDA, DIST: GOA-403401.

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JAFAR URF IMAM JAFAR S/O ABDULGAFUR BEPARI, AGE : 29 YEARS, OCC: AGRICULTURIST, R/O KOTAWADA, TQ: PONDA, DIST: GOA, PIN-403401.

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JAVEED S/O ABDULGAFUR BEPARI, AGE : 26 YEARS, OCC : AGRICULTURIST, R/O SADARASOFA, OLD HUBLI, TQ: HUBLI, DIST: DHARWAD-580024.

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PETITIONER NOS.11, 12, AND 14 ARE REPRESENTED BY THEIR GPA HOLDER PETITIONER NO.13.

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...PETITIONERS

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(BY SRI NARAYAN V. YAJI, ADVOCATE)

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AND :

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SMT.NEELAMMA W/O MANOHAR BALUJIGI (BALIGAR), AGE: 53 YEARS, OCC: HOUSEHOLD, R/O 2ND CROSS, NAVA-AYODHYA NAGAR, OLD-HUBLI, HUBLI, DIST: DHARWAD, PIN-580024.

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ISMAILSAB S/O HAZARESAB BEPARI, AGE: 53 YEARS, OCC: BUSINESS, R/O ASARHONDA, OLD HUBLI, TQ: HUBLI, DIST: DHARWAD-580024.

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……RESPONDENTS

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(BY SRI DINESH M.KULKARNI, ADVOCATE FOR R-1) (NOTICE TO RESPONDENT NO.2-DISPENSED WITH)

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THIS WRIT PETITION IS FILED PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER AND COMPROMISE DECREE PASSED BY THE LOK ADALAT, HUBLI (IST ADDITIONAL CIVIL JUDGE, HUBLI)

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DATED 15.09.2011 IN O.S.NO.803/2011 VIDE ANNEXURE-G TO THE WRIT PETITION AS IT IS ILLEGAL AND UNCONSTITUTIONAL.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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In this petition, the petitions are sought for the following reliefs :

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“Issue a writ in the nature of certiorari and

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quash the impugned order and compromise decree passed by the Lok Adalat, Hubli (Ist Additional Civil Judge, Hubli) dated 15.09.2011 in O.S.No.803/2011

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vide Annexure-G to the writ petition as it is illegal and unconstitutional.

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Heard Sri Narayan V.Yaji, learned counsel for the petitioners and Sri Dinesh M.Kulkarni, learned counsel for the respondent No.1 and perused the material on record.

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Though the several contentions have been urged by both sides, in view of the fact that the

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petitioners are not parties to the impugned compromise decree/award of the trial Court/Lok-Adalat, I deem it just and appropriate to dispose off this petition by holding that the impugned award/decree is not binding upon the petitioners and reserving liberty in favour of the petitioners take recourse to such remedied as available in law including filing of a separate suit putting forth all their claims and contentions.

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It is further directed that, if such a suit is filed within four weeks from today, the interim order dated 24.07.2019 shall enure to the benefits of the petitioners for a period four weeks from today.

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All rival contentions between the parties including limitation etc., are kept open to be decided by the trial Court in the suit to be filed by the petitioners.

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Subject to the aforesaid directions, petition stands

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disposed off.

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SD JUDGE

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CKK

Abdul Khadar S/O Ismailsab Bepari v. Smt.Neelamma W/O Manohar Balujigi

Case brief

What is this about?

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Abdul Khadar S/O Ismailsab Bepari v. Smt.Neelamma W/O Manohar Balujigi

Case brief

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What did the court decide?

What the court decided

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