01Facts
The appellant and respondent No. 1 were co-plaintiffs in a suit concerning three properties.
¶ 4–7 · pp. 4–5A Lok Adalat compromise award provided, among other things, that they could retain or sell item No. 2; if retained, they were to pay respondent No. 2 (the decree-holder) ₹17,25,000.
¶ 4–7 · pp. 4–5In execution proceedings, the parties submitted a joint memo providing for payments to the decree-holder, delivery of vacant possession, and execution of a registered release deed in favour of respondent No. 1.
¶ 8 · p. 5The Lok Adalat accepted the memo on 8 March 2025.
¶ 8 · p. 5The appellant challenged that order, contending that the memo was inconsistent with the decree and that she had not understood it because it was in English.
¶ 1–3 · pp. 3–4The Single Judge dismissed her writ petition, and she appealed.
¶ 1–3 · pp. 3–402Issues
i.1. Whether the Lok Adalat, in the execution proceedings, could accept the joint memo concerning enforcement of the decree-holder’s monetary claim and release of item No. 2.
¶ 9–10 · pp. 6–7ii.2. Whether the appellant was bound by the joint memo despite her claim that she did not understand its English terms.
¶ 3, 11 · p. 3, 703Law Applied
The Court referred to the compromise award made under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, which set out the parties’ rights and obligations concerning the properties.
¶ 6 · p. 4It applied the principle that an agreed arrangement in execution proceedings may be acted upon where it concerns enforcement of the decree-holder’s entitlement under the decree and falls within the jurisdiction of the Lok Adalat.
¶ 9–10 · pp. 6–7The Court also treated a joint memo admittedly signed by a party as binding in the circumstances of this case.
¶ 11 · p. 7Provisions in the judgment · 1 · Linked ones open on LawLens
KARNATAKA HIGH COURT ACT, 1961 Section 4
04Reasoning
The award permitted the plaintiffs to retain item No. 2 by paying the decree-holder ₹17,25,000.
¶ 9–10 · pp. 6–7The joint memo reflected their decision to retain the property and addressed payment of the amount and release of the property in favour of respondent No. 1.
¶ 9–10 · pp. 6–7The Court therefore regarded the memo as concerning enforcement of the decree-holder’s monetary claim, rather than as an arrangement beyond the Lok Adalat’s jurisdiction.
¶ 9–10 · pp. 6–7It further held the appellant bound by the memo because she had admittedly signed it; it found no error in the Single Judge’s rejection of her challenge.
¶ 11 · p. 705Holding
The Court answered both issues against the appellant.
¶ 10–11 · p. 7It held that the joint memo fell within the Lok Adalat’s jurisdiction in the execution proceedings and that the appellant was bound by the memo she had signed.
¶ 10–11 · p. 7The writ appeal was dismissed, and the pending applications were disposed of.
¶ 12–13 · p. 7Original Court PDF
KAUSER BANUvsMRS. SALMA
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