VAJRAVATHI Vs. NETRA

JUDGEMENT

(1.) This writ petition is filed challenging the award passed by the Lok Adalat on the ground that in the so-called compromise entered into before Lok Adalat, the petitioners have not been allotted any share in the schedule property though each one of them had 1/4th share in it.

(2.) The material on record discloses that one Manikchand Bhadale and his son Nagaraj Bhadale constituted a Hindu undivided family. Nagaraj Bhadale had two daughters. Manikchand Bhadale also had two daughters. Manikchand Bhadale and his son Nagaraj Bhadale are dead. The suit is filed by the widow and children of Nagaraj Bhadale against the wife of Manikchand Bhadale and her two daughters for partition and separate possession of their legitimate share in all the plaint schedule properties. They claimed 3/4th share in the schedule properties. According to them, the 1st defendant was entitled to 1/4th share and two daughters have no right as they had relinquished their interest in the joint family property on 10.04.1989 by executing a deed.

(3.) The grievance of the plaintiffs was about three months prior to the date of filing of the suit, the 1st defendant got people, relatives from her place and threw away the plaintiffs from the family house property. When she demanded a share, it was denied. Therefore, the suit was filed. After service of notice, written statement was filed by the defendants contesting the claim. The order-sheet in the suit discloses that defendants No.1 to 3 were represented by the same counsel. An order of injunction restraining the defendants from alienating came to be passed by consent on 03.08.2010. At the same time, plaintiff also undertook not to obstruct the defendants in the enjoyment of the property.