REKHA DEVI Vs. BINOD LAL TATAK

JUDGEMENT

(1.) Heard the learned senior counsel, Mr. Rai Saurabh Nath, appearing on behalf of the petitioner and the learned counsel, Mr. Umakant Shukla, appearing on behalf of the respondent. This civil revision application has been filed against the order dated 17.3.2011 passed by the learned Sub-Judge-IIIrd, Gaya in Misc. Case Nos. 5 of 2008/11 of 2009 arising out of execution case No. 4 of 2007.

(2.) It appears that a partition suit was filed by the respondent being partition suit No. 340 of 2005. The said suit was referred to the Lok Adalat for disposal. The said suit was disposed of on the basis of compromise and the Lok Adalat passed an Award on 19.11.2005.

(3.) The present petitioner filed partition suit No. 360 of 2005 claiming 50 per cent share in the suit property and subsequently on amendment, the petitioner also challenged the Award passed by the Lok Adalat on the ground of fraud and without consent, the Award was passed by the Lok Adalat. The said partition suit No. 360 of 2005 was decreed primarily holding that the Award was obtained by the respondent without getting the signature of the petitioner on the compromise application and it was obtained without the consent of the present petitioner, therefore, ultimately the Court below held that the Award passed by the Lok Adalat is a nullity.