Shivani Gadhavi
Published On: February 09, 2022 at 17:10 IST
The Gauhati High Court on February 1, 2022 observed that a settlement award given by a Lok Adalat can be deemed as a decree of a Civil Court and that such an award can be challenged under Articles 226 or 227 of the Indian Constitution before a High Court.
The Gauhati High Court Single-Judge Bench of Justice Marli Vankung was hearing a plea filed by an Appellant who was challenging an order of a Senior Civil Judge which was passed an favor of the Respondents.
The case is pertaining to a land dispute between a sister and brother, which was taken up for settlement to a Lok Adalat. Both the parties came to an agreement that the sister would gain the ownership of the land.
Later on, the brother had filed a Declamatory Suit in the Court of Senior Civil Judge-II, Aizawl, who then passed an order in favor of the brother, wherein the sister was directed to handover the property to the brother.
In the current case, the sister challenged the Order of the Civil Judge. The Counsel for the Appellant stated that the Civil Judge had no Jurisdiction over the matter and that the agreement of settlement by the Lok Adalat were binding upon the parties just as a decree of a Civil Court is.
The High Court cited the case of State of Punjab and Another v. Jalour Singh and Others (Supra) in which the Supreme Court had stated that, “It is true that where an award is made by Lok Adalat in terms of a settlement arrived at between the parties, (which is duly signed by parties and annexed to the award of the Lok Adalat), it becomes final and binding on the parties to the settlement and becomes executable as if it is a decree of a civil court, and no appeal lies against it to any court.”
The Gauhati High Court in light of the above-mentioned statement quashed the impugned order of the Civil Court while allowing the plea of the Appellant.
