KATTULA KANAKA VEERAIAH Vs. BASAVA HARI SANKARA RAO

JUDGEMENT

(1.) The revision petitioner is the plaintiff in OS.No. 1096 of 2003 on the file of II Additional Senior Civil Judge, Vijayawada, maintained against the revision respondent/defendant, the suit for recovery of money based on pro-note. The revision petitioner impugning the order in IA.No. 237 of 2007 therein passed by the learned II Additional Senior Civil Judge, Vijayawada, on 22.06.2012, dismissing his application filed under Sections 114 and 151 Civil P.C. to review the award of Lok Adalat dated 09.11.2004, maintained the revision.

(2.) The facts show that in the suit for recovery of money while under contest by the defendant through alleged intervention of elders known to the parties, there was a compromise arrived between them and a joint memo of compromise filed by the plaintiff and defendant before the learned II Additional Senior Civil Judge, Vijayawada, in that suit OS.No. 1096/2003 with the terms of defendant agreed to pay to the plaintiff Rs.3,93,840.00 in full and final settlement of the suit claim payable on or before 31.03.2005 subject to passing of receipt by plaintiff and in the case of failure, the plaintiff is at liberty to execute and recover the same and the matter was as sought for referring to Lok Adalat pursuant to the terms of compromise and referred to the Mega Lok Adalat that was held on 09.11.2004.

(3.) It is the further say that even the terms of said compromise appended to the memo of compromise for settlement in passing award and said terms even attached to the award of lok adalat, it was due to the mistake of Mega Lok Adalat Authority of the Mandal Legal Services Committee, Vijayawada dated 09.11.2004, observed wrongly Dr.SSRB,J without adverting to the terms of compromise of the civil money dispute settlement arrived, by mentioning as if a criminal compoundable offence and settlement for acquittal that the Mandal Legal Services Committee convened the lok adalat on that day and the victim/plaintiff and the respondent/defendant appeared and persuaded to settle the matter amicably and after discussion voluntarily agreed to compound the offence with defendant which is punishable under Sec. .. and lok adalat was pleased to record the same and acquitted the accused from the said offence.