The High Court of Kerala dismissed the petitioner's petition seeking to set aside a Lok Adalat award. The court observed that the petitioner failed to produce title deeds directed by a prior order and concluded that she was no longer desirous of prosecuting the original petition.
Dismissal of the original petition to set aside the Lok Adalat award.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 23RD DAY OF SEPTEMBER 2022 / 1ST ASWINA, 1944
OP(C) NO. 1081 OF 2019
AGAINST THE AWARD DATED 14.07.2018 IN OS 314/2011 OF THE LOK
ADALAT, KOLLAM
PETITIONER/1ST DEFENDANT:
SYAMALA DEVI @ KOMALAVALLY,
AGED 73 YEARS,
W/O. SUKUMARAN, THODIYIL VEEDU,
ULIYAKOVIL, KOLLAM
BY ADV SAJU J PANICKER
RESPONDENTS/ PLAINTIFFS 1 TO 6/ DEFENDANTS 2 & 3
1SUDHAKARAN
S/O. MADHAVAN, PRASANTH BHAVAN,
JAWAHAR NAGAR 205A, PATTATHANAM,
VADAKKEVILA, KOLLAM - 696 502
2 MOHANAN S/O. MADHAVAN, SREEPEEDAM, MUNDAKKAL MIDDLE WARD, MUNDAKKAL, KOLLAM - 696 5083VIJAYALKSHMI
D/O. NALINI, PULIMOOTIL VEEDU,
KALLUMTHAZHAM,
KOLLAM - 696 508
4RAMADEVI
D/O. NALINI, AMBIKA BHAVANAM,
KUNNUKUZHI P.O,
THIRUVANANTHAPURAM - 695 032
BY ADVS.SRI.S.SANTHOSH KUMAR
SMT.P.LISSY JOSE
SMT.ANJANA.S.SANTHOSH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.1081/2019
-:2:-
Dated this the 23rd day of September,2022
J U D G M E N T
The original petition is filed, to set aside the order dated 14.07.2018 in O.S.No.314/2011 (Ext.P4) passed
by the Lok Adalat, attached to the District Legal Services Authority, Kollam.
O.P.(C)No.1081/2019
-:3:-
Hence, the original petition is dismissed.
Sd/-
C.S.DIAS,JUDGE
DST/23.09.22
//True copy/ P.A.To Judge
O.P.(C)No.1081/2019
-:4:-
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE PLAINT IN OS 314 OF
2011 OF THE SUB COURT, KOLLAM
EXHIBIT P2THE TRUE COPY OF THE WRITTEN STATEMENT
FILED BY DEFENDANTS 1 TO 3
EXHIBIT P3THE TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE DAUGHTER OF THE PETITIONER
EXHIBIT P4 THE TRUE COPY OF THE AWARDEXHIBIT P5THE TRUE COPY OF IA 749 OF 2018 IN OS 314
OF 2011 OF THE PRINCIPAL SUB JUDGE, KOLLAM
EXHIBIT P6THE TRUE COPY OF THE OBJECTION FILED BY
RESPONDENTS 1 AND 2
EXHIBIT P7THE TRUE COPY OF THE ORDER DATED 16.10.2018
IN I.A 749/2018 IN IS 314/2011 OF THE
PRINCIPAL SUB JUDGE, KOLLAM
EXHIBIT P8THE TRUE COPY OF THE ORDER DATED 15.02.2019
IN OP(C) 491 OF 2019 OF THIS HONOURABLE
COURT
RESPONDENT ANNEXURES: NIL
2 issues framed by the court
Whether the original petition to set aside the Lok Adalat award needs to be admitted after the petitioner failed to produce title deeds directed by a prior order.
Whether the petitioner's non-compliance resulted in the court being of the view that the petitioner was no longer desirous of prosecuting the petition.
Syamala Devi @ Komalavally
Sudhakaran
Mohan
Vijayalkshmi
C. S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court