SRI BALDAU TIWARY S/O KULDIP TIWARY RESIDENT OF VILLAGE JAMUAON, P.O. KURASAN, P.S. BHABHUA, DISTRICT KAIMUR (BHABHUA) Vs. CHANDRAMANI TIWARY S/O LATE KALIKA TIWARY RESIDENT OF VILLAGE JAMUAON, P.O. KURASAN, P.S. BHABHUA, DISTRICT KAIMUR (BHABHUA)

JUDGEMENT

(1.) Heard Mr. Chaudhary, the learned counsel for the petitioner and the learned counsel for the respondent no. 1 as well as the State-respondents.

(2.) The assail in the present application is to the order dated 16.05.2012 (Annexure-9) passed by the Lok Adalat Bhabhua in Misc. Case No. 01 of 2006 whereby the Lok Adalat has set aside/cancelled its earlier award dated 25.01.2006 passed in T.S. No. 23 of 2006 and has also observed that after the death of Satanand Giri his entire property would vest in the State.

(3.) A suit was referred to the Lok Adalat under the provisions of the Legal Services Authorities Act, 1987. Upon the compromise between the parties, the award was passed by the Lok Adalat on 25.01.2006. Subsequently, however, a petition was filed by the respondent no. 1 who was not a party to the earlier suit for setting aside/cancelling the said award on the ground of fraud. The Lok Adalat, by the impugned order has recorded the finding of fraud and set aside/cancel the earlier award dated 25.01.2006.