Facts
The appellant and respondents 4 to 16 were litigating over shares in properties in O.S.No.103 of 2012.
Source reference: no citationPursuant to a settlement and Memorandum of Understanding, the parties placed their arrangement before the Taluk Legal Services Authority, which passed a Lok Adalat award dated 09.09.2023 determining their respective shares.
Source reference: para. 5The appellant allegedly failed to cooperate with the survey and execution of the partition deed.
Source reference: para. 6The private respondents thereafter executed a partition deed among themselves, while setting apart the appellant’s share.
Source reference: para. 6When registration was refused, the respondents challenged the refusal in W.P.No.11546 of 2025.
Source reference: para. 7The writ Court set aside the refusal and directed the Sub-Registrar to entertain the document, following which the partition deed dated 07.04.2025 was registered.
Source reference: para. 7The appellant then filed W.P.No.30378 of 2025 challenging both the Lok Adalat award and the consequential partition deed.
Source reference: para. 1The Single Judge rejected the challenge and relegated the appellant to pursue execution of the award. The present intra-court appeal challenged that order.
Source reference: paras. 1, 8Issues
Whether a writ petition challenging a Lok Adalat award is maintainable in the absence of allegations of fraud, misrepresentation, or collusion
Source reference: paras. 2, 9Whether an alleged failure to comply with the terms of a Lok Adalat award can be challenged by writ proceedings, or must be pursued before the appropriate Execution Court
Source reference: paras. 8–10Whether the learned Single Judge erred in relegating the appellant to execution proceedings instead of entertaining the challenge to the award and partition deed
Source reference: paras. 9–10Law Applied
The Court applied the principle that a Lok Adalat award, once passed on the basis of the parties’ settlement, assumes the character of a decree and is enforceable through execution proceedings.
Source reference: para. 10A writ petition against such an award may be entertained only on limited grounds, including fraud, misrepresentation, or collusion.
Source reference: para. 9The Court also considered the principle referred to in Dilip Mehta v. Rakesh Gupta, 2025 SCC OnLine SC 2737, concerning the limited maintainability of a writ challenge to a Lok Adalat award.
Source reference: para. 2Where the complaint concerns non-compliance with the terms of the award rather than a legally sustainable challenge to its validity, the aggrieved party must seek enforcement before the competent Execution Court.
Source reference: paras. 9–10Reasoning
The appellant did not allege that the Lok Adalat award had been procured through fraud, misrepresentation, or collusion.
Source reference: paras. 3, 9His grievance was essentially that the award had not been implemented in the manner contemplated by the parties, particularly because the partition deed was executed without his cooperation and his share was merely set apart.
Source reference: paras. 3, 9Since the award embodied the parties’ settlement and possessed the character of a decree, any dispute regarding its implementation or alleged non-compliance was required to be addressed through execution proceedings rather than by invoking writ jurisdiction.
Source reference: para. 10The Court therefore found no error in the Single Judge’s decision to decline the writ challenge and relegate the appellant to the appropriate Execution Court.
Source reference: no citationHolding
The Division Bench held that the writ challenge to the Lok Adalat award was not maintainable because it was not founded on fraud, misrepresentation, or collusion.
The alleged non-compliance with the award had to be pursued through execution proceedings.
Source reference: paras. 9–10The writ appeal was dismissed, the order of the learned Single Judge was affirmed, and the appellant was left free to work out his remedy in accordance with law.
Source reference: para. 11No order as to costs was made.
Source reference: para. 11Original Court PDF
BASHAvsTHE TALUK LEGAL SERVICE AUTHORITY
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
