Karnataka High Court
Smt. Gangawwa Bhandari W/O Nagappa ... vs Laxman S/O Hanumant Uppar on 30 January, 2014
Author: N.Kumar
Bench: N.Kumar
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED TH IS THE 30 T H DAY OF JANUARY 2014
BEFORE
THE HON'BL E MR.JUSTI CE N.KUMAR
WRIT PETITION NO.65428/2011 (GM-CPC)
BETWEEN:
SMT. GANGAWWA BHANDARI
W/O NAGAPPA BHANDARI
AGE: 60 YEARS, OCC: HOUSEHOLD &
AGRICULTURE, R/O MALDINNI, TQ. GOKAK,
DIST. BELGAUM.
... PETITIONER
(By Sri. RAJASHEKAR BURJI, ADV.)
AND
1. LAXMAN S/O HANUMANT UPPAR
AGE: 55 YEARS, OCC: AGRICULTURE,
2. RAMU S/O HANUMANT UPPAR
AGE: 50 YEARS, OCC: AGRICULTURE,
3. ANNAPPA HALAPPA UPPAR
AGE: 50 YEARS, OCC: AGRICULTURE,
4. SMT. RUKMINI W/O UDDAPPA UPPAR
AGE: 48 YEARS, OCC: AGRICULTURE,
5. RAJU S/O UDDAPPA UPPAR,
AGE: 24 YEARS, OCC: AGRICULTURE,
:2:
6. SANJU UDDAPPA UPPAR
AGE: 24 YEARS, OCC: AGRICULTURE,
7. KUMAR UDDAPPA UPPAR,
AGE: 14 YEARS,
SINCE MINOR REP. BY HIS NEXT FRIEND,
SMT. RUKMINI UDDAPPA UPPAR,
ALL ARE R/O NANDI KURALI VILLAGE,
TQ. RAIBAG, DIST. BELGAUM
... RESPONDENTS
(By Sri. BAHUBALI N KANABARGI, ADV. FOR R1-R6,
R7 MINOR REP. BY R4. )
THIS WRIT PETITION IS F ILED UNDER A RTICLES
226 & 227 OF THE CONS TITU TION OF IND IA PRAY ING
TO QUASH THE ORDER PASSED BY THE PRINCIPAL CIVIL
JDUGE AND JMFC AND JUDICIAL CONCILIATOR, RAIBAG
DATED:19/04/2011 IN O.S.NO.201/2011 PRODUCED AT
ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP TH IS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
This writ petition is filed challenging the award passed by the Lok Adalath.
2. The respondents initiated proceedings for partition and separate possession of respective share in the civil Court on 18.04.2010. :3: Subsequently, on the very next day, all the parties appeared before the Court requesting to refer the matter to Lok adalath. Accordingly, the matter was referred to Lok adalath and the Lok Adalath held on 19.04.2010, the parties by presenting compromise petition, effected a partition of all the properties which are the subject matter of the suit.
3. In the plaint filed genealogy is given. The propositus is one Laxman and his wife is Lakkawwa. They had three children by name Halappa, Hanamant and Jakkappa. Hanamant's branch are the plaintiffs in the suit, Halappa branch is shown as defendants and Jakkappa is shown as dead without issues. Petitioner before this Court claims to be the daughter of Jakkappa. Her grievance is that the decree passed by the Lok Adalath would affect her interest, she has not :4: been given a share. Therefore, she wants that award to be set aside.
4. An award passed by the Lok Adalath with the consent of the parties to the proceedings, it will not bind who are not the parties to the proceedings. If the party wants to challenge that award, the remedy is not filing a writ petition. The proper course would be to file a suit in competent Court seeking whatever relief to which she is entitled to. If this decree is set up in defence, it can be pointed out that the plaintiff is not a party to the said proceedings, the plaintiff's interest is in no way affected by the said award and it is not binding on her. Therefore, a person who is not party to the proceedings before the Lok Adalath, has no right to challenge the award. If what the petitioner says is correct, that she is the daughter of Jakkappa, she is entitled to a share in the suit property. The suit was filed on 18.04.2010 and :5: all the parties appeared on 19.04.2010 requesting for the matter being referred to Lok Adalath. The lok adalath passed an order on 19.04.2010, which clearly shows collusion between the parties. unfortunately this alternative redressal mechanism recognised under Section 89 of the C.P.C. is abused and such a decree can never affect the legitimate right of the persons interested in the property. I do not see any merit in the writ petition and it is dismissed.
5. It is open to the petitioner to file a suit for partition and the Court before which it is filed shall decide her claim on merits independently without in any way being influenced by the award passed by the Lok Adalath to which, she is not a party.
SD/-
JUDGE Naa