LAWS(SC)-2022-7-28

HEMANTHA KUMAR Vs. R. MAHADEVAIAH

Decided On July 11, 2022
Hemantha Kumar Appellant
V/S
R. Mahadevaiah Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Karnataka at Bengaluru in Writ Petition No. 35073 of 2015 by which the High Court has set aside the consent decree passed in the Lok Adalat and consequently has restored the original suit, original plaintiff has preferred the present appeal.

(2.) The facts leading to the present appeal in a nutshell are as under:-

(3.) Learned counsel appearing on behalf of the appellant - original plaintiff has vehemently submitted that in fact the plaintiff and the defendant Nos. 1 and 2 jointly submitted the application under Order XXIII Rule 3 CPC before the learned Trial Court and requested the learned Trial Court to pass a consent decree. It is submitted that, however, instead of passing the consent decree, the learned Trial Court referred the matter to the Lok Adalat. It is contended that merely because the matter was referred to the Lok Adalat cannot be a ground to doubt the genuineness of the consent decree/consent compromise and also the filing of the application under Order XXIII Rule 3 CPC.