MOHAN OMANNA ASTEKAR Vs. RAMACHANDRA OMANNA ASTEKAR

JUDGEMENT

(1.) This writ petition is filed challenging the award passed by the Lok Adalath, on the ground that the petitioner and the 3rd and 4th respondents signature was taken to the compromise petition without explaining the contents of the same. They belonged to maratha community their mother tongue is Marathi and the compromise terms are in Kannada language. Even before the Lok Adalath, neither the Counsel nor the members translated and explained the contents of the compromise petition. On the contrary, the members of the Lok Adalath only asked whether the signature/thumb impression is put on the compromise petition or not. The petitioner stated in the affirmative and came out of the Lok Adalath premises and the award came to be passed by the Lok Adalath. The grievance is that this compromise is entered into at the final stage of the final decree proceedings. The properties, which are sold are not taken into account i.e., two house properties. Remaining house properties are given to the person, who has lost the legal battle. Even fertile lands were given to them and therefore they have sought for setting aside of the award passed by the Lok Adalath.

(2.) Though, the respondent Nos. 1 and 2 are duly served and represented by their Counsel, till today no statement of objections are filed traversing the allegations made in the writ petition.

(3.) Heard the learned Counsel appearing for the parties.