VASU Vs. PADINHAREPURAKKAL ARAMUGHAN

JUDGEMENT

(1.) THE main question raised for a decision is whether an award passed by the Lok Adalat could be filed in the court which referred the case and execution sought for, without the Lok Adalat transmitting the award to such court? Respondent filed O.S. No. 120 of 2004 in the Sub Court, Tirur against petitioner for recovery of money. The dispute was referred to the Lok Adalat where Ext. P -1, award was passed for Rs. 1,35,000. Respondent sought execution of that award by filing E.P. Nos. 79 and 141 of 2010 in the Sub Court, Tirur and wanted to proceed against petitioner personally and against his property as prayed for in Exts. P -2 and P -3.

(2.) THE execution petitions are challenged on the grounds that the executing court had no power to receive the award of the Lok Adalat and execute the same unless it is transmitted to it from the Lok Adalat and that at any rate, though the amount claimed in O.S. No. 120 of 2004 came within the pecuniary jurisdiction of the Sub Court, the amount awarded and claimed in Ext. P -2 and Ext. P -3 falls within the pecuniary jurisdiction of the Munsiff's Court and hence execution could be levied only in the Munsiff's Court.

(3.) LEARNED counsel for the respondent contended that since the award was passed by the Lok Adalat on a reference from the court, the award has to be treated as a decree of that court and hence even without transmission of the award from the Lok Adalat, the decree can be executed in the court concerned. It is further contended that though the amount claimed in Exts. P -2 and P -3 are Rs. 1,40,326 and Rs. 1,43,222 respectively the deemed decree is executable in the Sub Court.