Thanku v. David
Case brief
What is this about?
Held that settlement in Lok Adalath does not bar petition for rescinding specific performance decree. Impugned order remanding application is set aside; matter remanded for de novo consideration on merits.
What did the court decide?
Impugned order set aside; application remanded for de novo consideration; execution proceedings kept in abeyance.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
TUESDAY, THE 11TH DAY OF DECEMBER 2012/20TH AGRAHAYANA 1934
CRP.No. 633 of 2009 ( )
OS.678/1995 of ADDL.SUB COURT, NORTH PARAVUR
REVISION PETITIONER(S)/PETITIONER/DEFENDANT::
- THANKU
- PURATHALAKOVATTU HOUSE, KIZHAKKE KADUNGALLOOR
- KADUNGALLOOR VILLAGE, PARAVUR TALUK.
- ADDL. 2. LEELA, W/O.THANKU
- PURATHALAKOVATTU HOUSE, KIZHAKKE KADUNGALLOOR
- KADUNGALLOOR VILLAGE, PARAVUR TALUK.
Issues for consideration
2 issues framed by the court
Whether a suit referred to Lok Adalath with a settlement precludes the trial court from entertaining a petition to rescind the decree for specific performance.
Whether the court is at liberty to entertain the petition for rescinding the decree for specific performance despite execution proceedings initiated on the Lok Adalath award.
Parties & counsel
- petitioner
Thanku
- respondent
David
Coram
V. Chitambaresh
Case details
As recorded by the court registry
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