Dismissed¶20

Nilkamal Devi v. Rajesh Upadhyay @ Rajesh Kumar Upadhayay

Patna HC17 Apr 2025CWJC/1329/2019

Case brief

AI extract

What is this about?

Challenge to Permanent Lok Adalat award dated 24.09.2008 in Partition Suit No.28 of 2008, Chapra; petitioner was the plaintiff who instituted the suit; compromise filed; award (Annexure-4) passed on joint request of parties; suit value pleaded Rs.90,00,000/-; writ filed after 11 years in 2019; no cause of action found; Court not inclined to interfere; writ petition dismissed; Patna High Court; Dr. Anshuman, J.; CWJC No.1329 of 2019; decided 17-04-2025.

What did the court decide?

The Court found that the 2008 award was passed on the joint request of the petitioner and the respondent, on the application of the petitioner and on the basis of a compromise, i.e. the award was obtained at the petitioner's own instance. ¶18

Nilkamal Devi Vs Rajesh Upadhyay @ Rajesh Kumar Upadhayay — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1329 of 2019

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======================================================

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Nilkamal Devi Randheer Kumar Panday Resident of Gopeshwar Nagar,P.S.Bhagwan Bazar,District-Saran at Chapra

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... ... Petitioner/s

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Versus

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Rajesh Upadhyay @ Rajesh Kumar Upadhayay Bhukhal Upadhyay Resident Of Gopeshwar Nagar,P.S.-Bhagwan Bazar,District -Saran at Chapra

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Anjani Kumar Jha, Advocate For the Respondent/s : Mr. Nawal Kishore Singh, Advocate

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======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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5 17-04-2025

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Heard Learned Counsel for the petitioner and Learned

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Counsel for the respondent.

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The present writ petition has been filed on behalf of the petitioner against the award dated 24.09.2008 passed by the Permanent Lok Adalat, Chapra in Partition Suit No.28 of 2008 and also for declaration of entire proceeding adopted in passing the award is beyond jurisdiction of the Permanent Lok Adalat.

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Learned Counsel for the petitioner submits that the said award has been passed on the basis of an application where suit value has been indicated as Rs.90,00,000/- (Rupees Ninety Lakhs) and therefore, order passed is beyond jurisdiction.

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Upon perusal of the records, it transpires to this Court, that before Lok Adalat, petitioner was the plaintiff in the Suit No.28/2008 filed by the petitioner. Before the Permanent Lok Adalat said suit was entertained at the instance of petitioner, in which opposite party appeared and filed compromise. On the

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Patna High Court CWJC No.1329 of 2019(5) dt.17-04-2025 2/2

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joint request of present petitioner and opposite party i.e. present respondent, final award has been passed which is Annexure-4 dated 24.09.2008. After 11 years i.e. in the year 2019, the same petitioner who filed suit before the Lok Adalat and obtained award. He has filed the present writ petition challenging the award which has been passed in the year 2008 on the joint request of the parties (petitioner and respondents). This Court is extremely surprised that on the application of the petitioner, award has been prepared before the Lok Adalat on the basis of compromise and the same petitioner/person after 11 years of award submits that the award be set aside.

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It also transpires to this Court that there is no cause

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of action for the petitioner to move before this Court as everything was done at the instance of the petitioner and in the entire writ petition, nothing has been explained as to what is the cause of action for the petitioner to move in the writ petition after lapse of 11 years from the date of award. And it is due to this reason, this Court is not inclined to interfere in this matter. Hence, this writ petition is hereby dismissed.

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(Dr. Anshuman, J)

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Divyansh/-

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Nilkamal Devi v. Rajesh Upadhyay @ Rajesh Kumar Upadhayay

Case brief

What is this about?

What did the court decide?

Nilkamal Devi v. Rajesh Upadhyay @ Rajesh Kumar Upadhayay

Case brief

What is this about?

What did the court decide?

What the court decided

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