Judgment debtors in execution of a Lok Adalat award, who had not signed the award, sought relief under Article 227. The court held non-signatory parties are not bound by the award or subject to its execution, declared the award and execution proceedings non-est against them, and allowed the petition.
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 A. BADHARUDEEN
THURSDAY, THE 18TH DAY OF JULY 2024 / 27TH ASHADHA, 1946
OP(C) NO. 3647 OF 2017
EP NO.63 OF 2016 OF MUNSIFF COURT, VAIKOM
PETITIONERS:
1KOMALAVALLY
AGED 70 YEARS
W/O. KRISHNAN NAIR(LATE),
NJARUVALLIL HOUSE, ULLALA,
THALAYAZHOM P.O., VAIKOM,
KOTTAYAM DISTRICT.
2RATHEESH KUMAR N.K.
AGED 40 YEARS
S/O. KRISHNAN NAIR(LATE),
NJARUVALLIL HOUSE, ULLALA, THALAYAZHOM P.O.,
VAIKOM, KOTTAYAM DISTRICT.
BY ADVS.
SRI.J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
RESPONDENTS:
1SYAMALA
W/O. GOPALAKRISHNAN NAIR(LATE),
NJARUVALLIL HOUSE, ULLALA,
THALAYAZHOM P.O., VAIKOM,
KOTTAYAM DISTRICT. PIN-686 607.
2 RAJI K.NAIR D/O. KRISHNAN NAIR(LATE), NJARUVALLIL HOUSE, ULLALA, THALAYAZHOM P.O., VAIKOM, KOTTAYAM DISTRICT. PIN-686 607.3 REKHA K.NAIR D/O. KRISHNAN NAIR(LATE), NJARUVALLIL HOUSE, ULLALA, THALAYAZHOM P.O., VAIKOM, KOTTAYAM DISTRICT. PIN-686 607. BY ADVS. SRI.ARUN CHANDY S.SUDHISH KUMARTHIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18.07.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 3647 OF 2017
2
CR
JUDGMENT
Dated this the 18th day of July, 2024
The petitioners, who got arrayed as judgment debtors 1 and 4 in E.P.No.63/2016 in A.P.No.172/2013 on the files of the Munsiff’s Court, Vaikom, have filed this Original Petition (Civil) under Article 227 of the Constitution of India, with prayer to set aside Ext.P2 award and Ext.P7 order passed against them.
OP(C) NO. 3647 OF 2017
3
shown in the award.
under:
though there were four respondents therein, whose names are extracted herein above, only two of them signed in the award and the petitioners herein did not sign the same. The law is well settled that parties named in any award passed in
OP(C) NO. 3647 OF 2017
4
the Lok Adalat or in any settlement and who did not sign the same are not bound by the terms of the award. Therefore, the petitioners, who are non-signatories to Ext.P2, are not bound by Ext.P2.
OP(C) NO. 3647 OF 2017
5
parties who signed in Ext.P2 are bound by the terms of the award and Ext.P7. Therefore, execution proceedings can go on against them as per law.
execute the decree against Raji K Nair and Rekha K Nair as per law, confining the same to their properties.
This Original Petition (Civil) stands allowed as above.
Interim order of stay stands vacated.
Registry is directed to forward a copy of this judgment
to the Munsiff’s Court, Vaikom, for information and further
steps.
Sd/A. BADHARUDEEN JUDGE
nkr
6
OP(C) NO. 3647 OF 2017
APPENDIX OF OP(C) NO.3647/2017
PETITIONERSEXHIBIT P1 |
EXHIBITSTRUE COPY OF TH27.07.2013 |
E PETITION DATED |
|---|---|---|
EXHIBIT P2 |
TRUE COPY OF THE |
SETTLEMENT REACHED |
BEFORE THE TALU |
K LEGAL SERVICES |
|
COMMITTEE, VAIKOM |
IN AP 172/2013 |
|
EXHIBIT P3 |
TRUE COPY OF THEAP NO.172/2013 |
E.P.NO.63/2016 IN |
EXHIBIT P4 |
TRUE COPY OF THE |
OBJECTION FILED BY |
THE PETITIONERS I |
N EP NO.63/2016 IN |
|
AP NO.172/2013COURT, VAIKOM |
OF THE MUNSIFF |
|
EXHIBIT P5 |
TRUE COPY OF THE |
APPLICATION DATED |
23.09.2017 FILE |
D BY THE 1ST |
|
RESPONDENT BEFO |
RE THE MUNSIFF |
|
COURT, VAIKKOM |
||
EXHIBIT P6 |
TRUE COPY OF TH |
E OBJECTION DATED |
28.11.2017 SUBMI |
TTED BEFORE THE |
|
MUNSIFF COURT, VA |
IKOM |
|
EXHIBIT P7 |
TRUE COPY OF |
THE ORDER DATED |
RESPONDENTS |
28.11.2017 IN EANO.172/2013 IN EPEXHIBITS : NIL |
NO.171/2019 IN APNO.63/2016 |
2 issues framed by the court
Are parties named in a Lok Adalat award who did not sign it bound by its terms?
Can such an award be executed against non-signatories?
1 provisions across 1 enactments
Komalavally
Ratheesh Kumar N.K.
Syamala
Raji K.Nair
Rekha K.Nair
A. Badharudeen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court