The High Court of Kerala dismissed a petition under Article 227 seeking modification of a Lok Adalath award in a family dispute, holding that awards based on compromise cannot be challenged under Article 227.
Petition dismissed with no modification of the Lok Adalath award.
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 KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN
THURSDAY, THE 23RD DAY OF JANUARY 2014/3RD MAGHA, 1935
OP (FC).No. 34 of 2014 (R)
AGAINST THE ORDER IN E.P.NO.41/2013 IN OP 1261/2011 of FAMILY COURT,TRIVANDRUM DATED 6.9.2013
PETITIONER(S)/PETITIONER:
PAUL ANTONY ADIMA, ST. ANTONY VEEDU, THOPPU PURAYIDOM, POOVAR P.O., VARAVILA, THIRUPURAM VILLAGE, NEYYATTINKARA TALUK, TRIVANDRUM DISTRICT.
BY ADV. SRI.K.G.VENUGOPAL
RESPONDENT(S)/PETITIONER:
ROSI IRANI, PANAVEL PUTHEN BANGLOW, VETTICKAL BEACH P.O., TRIVANDRUM - 695 007.
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 34 of 2014 (R)
APPENDIX
PETITIONER'S EXHIBITS
RESPONDENT'S EXHIBITS: NIL.
TRUE COPY
PA TO JUDGE.
acd
ANTONY DOMINIC & P.D. RAJAN, JJ.
O.P.(FC)No.34 of 2014
Dated this the 23rd day of January, 2014
JUDGMENT
ANTONY DOMINIC,J.
This O.P.(FC) is filed seeking modification of Ext.P2 award passed by the Lok Adalath. Reading of Ext.P2 itself shows that the said award was passed based on a compromise filed by the parties, who are the petitioner herein, his wife and his daughter. An award passed on a compromise cannot be subjected to challenge in a petition filed under Article 227 of the Constitution of India and it has been held so in the decision reported in Leela v. National Insurance Co.Ltd. , [2008 (1) KLT 705].
Hence, the O.P. is dismissed.
ANTONY DOMINIC, JUDGE
P.D. RAJAN, JUDGE.
acd
1 issue framed by the court
Whether an award passed by a Lok Adalath based on a compromise is susceptible to challenge in a petition under Article 227 of the Constitution of India.
PAUL ANTONY ADIMA
ROSI IRANI
ANTONY DOMINIC
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
