Non-parties to a Lok Adalat compromise decree challenged it under Article 227 seeking to contest the underlying suits. The court held non-parties are not bound by the decree and disposed of the petitions, directing them to pursue their Obstructers' Applications under Order XXI Rule 97 and their pending first appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 1613 OF 2021 (GM-CPC) C/W WRIT PETITION NO. 1635 OF 2021 (GM-CPC)
IN WP No. 1613/2021:
BETWEEN:
PETITIONERS NO.1 AND 2 ARE R/AT SURAGONDANAHALLI VILLAGE, AIMANGALA, HIRIYUR TALUK, CHITRADURGA – 577 598.
Digitally signed by SHARADA VANI B
Location: HIGH COURT OF KARNATAKA
(BY SRI. MURTHY K.,ADVOCATE)
AND:
…PETITIONERS
NC: 2024:KHC:38901 WP No. 1613 of 2021 C/W WP No. 1635 of 2021
RESPONDENTS NO.1 TO 5 ARE R/AT SURAGONDANAHALLI VILLAGE, AIMANGALA, HIRIYUR TALUK, CHITRADURGA – 577 598.
…RESPONDENTS (BY SRI. RAVISHANKAR S.,ADVOCATE FOR R1 & R2; SRI. M R RAVINDRA., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE LOK-ADALATH ORDER DTD.16.9.2019 AS PER ANENXURE-A CONSEQUENTLY DECREE AS PER ANNEXURE-B DTD.9.10.2019 IN O.S.NO.72/2016 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, HIRIYUR AND PERMIT THE PETITIONERS TO CONTEST THE SUIT IN O.S.NO.72/2016 AS PER LAW ON MERITS.
IN W.P.NO.1635/2021:
BETWEEN:
PETITIONERS NO.1 AND 2 ARE R/AT SURAGONDANAHALLI VILLAGE, AIMANGALA, HIRYUR TALUK, CHITRADURGA – 577 598.
…PETITIONERS
(BY SRI. MURTHY K.,ADVOCATE)
AND:
AGED ABOUT 49 YEARS,
RESPONDENTS NO.1 TO 3 ARE R/AT SURAGONDANAHALLI VILLAGE, AIMANGALA, HIRIYUR TALUK, CHITRADURGA – 577 598.
…RESPONDENTS
(BY SRI. RAVISHANKAR S.,ADVOCATE FOR R1 & R2; SRI. M R RAVINDRA., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE LOK-ADALATH ORDER DTD.14/16.9.2019 AS PER ANENXURE-A CONSEQUENTLY DECREE AS PER ANNEXURE-B DTD.9.10.2019 IN O.S.NO.166/2017 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC HIRIYUR AND PERMIT THE PETITIONERS TO CONTEST THE SUIT IN O.S.NO.166/2017 AS PER LAW ON MERITS.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
ORAL ORDER
The challenge in these petitions is to the decree granted in O.S.No.166/2017 in terms of compromise arrived at before the Lok Adalat. Apparently, the petitioners herein are not parties to the said decree and therefore, it cannot be gainfully argued that they too are bound by the said decree, more particularly when they are not shown to claim under the parties to decree.
In the above circumstances, these petitions are disposed off with liberty to work out their remedies in terms of their Obstructions Applications vide
PARAMOUND INDUSTRIES vs. C.M.MALLIGA , ILR
1991 KAR 254 as also their R.A.No.25/2022 which would
be decided on merits.
All contentions of the parties in that regard are kept open.
Costs made easy.
Sd/(KRISHNA S DIXIT) JUDGE
cbc List No.: 1 Sl No.: 2
1 issue framed by the court
Can persons who are not parties to a Lok Adalat compromise decree be bound by it and challenge it under Article 227?
Colour shows how this judgement treated each authority
Paramound Industries vs. C.M.MalligaRelied on
ILR 1991 KAR 254 · Who else cites this
2 provisions across 2 enactments
Smt. Shailaja
Smt. Hanumakka
Srinivasa
Sri. H. Chandrappa
Smt. Kariyamma
Sri. L. Mulubagilappa
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
