GOVARDHANA AND ORS. Vs. APPI AND ORS.

JUDGEMENT

(1.) Plaintiffs have preferred this writ petition seeking for setting aside the award/decree dated 7-4-2007 passed in O.S. No. 54/2004 by the Lok Adalat and District Legal Service Authority, Udupi District, Udupi, which is produced in this case as Annexure-A.

(2.) Plaintiffs-Govardhana and Srinivasa filed O.S. No. 54/2004 for partition and separate possession of plaint "A" schedule properties in fair and equal manner and for cancellation of partition deed executed on 15-3-2004 in respect of plaint "A" schedule properties. After service of summons, defendants entered appearance and contested the matter. They sought for dismissal of the suit. Issues were framed. Case was posted for trial. At that stage, on a request made by the parties, the suit was referred to Lok Adalat. In the Lok Adalath, a compromise petition was filed on 7-4-2007. Thereafter, the first plaintiff filed miscellaneous application before the Principal Senior Civil Judge and CJM, Udupi for setting aside the said decree. The said application came to be dismissed on the ground that it is not maintainable, reserving liberty to the plaintiffs to challenge the award passed by the Lok Adalat before the appropriate forum. It is after the said order passed on 18-1-2012, the present writ petition is filed challenging the award passed by the Lok Adalath.

(3.) Learned counsel for the petitioners/plaintiffs assailing the impugned award contends that the plaintiffs have not affixed their signatures to the compromise; award/decree is passed on the basis of a compromise signed by their counsel. The same is patently illegal and therefore, requires to be set aside. It is on the basis of the signature of their advocate, compromise is recorded and an award/decree is passed which is patently illegal and therefore, he submits the impugned award requires to be set aside.