According to the Karnataka High Court, if a lok adalat award is believed to have been obtained illegally by omitting a proper and required party, even a third party may contest it through a writ petition, depending on the facts of the case.
Judge M Nagaprasanna made this statement when overturning a civil court ruling in Hosapete, Vijayanagara district, that resulted from a compromise struck in front of a lok adalat.
The lawsuit concerns a disagreement over the division of land in Kamalapur village. Nagamma Nagalapura and the children of Karadantappa, who are both from distinct branches of the family of Khemmani Hanumanthappa, the original owner of the properties, had signed a compromise plea before the lok adalat. The lawsuit did not include Guramma and her children, who also claimed to be members of the same family.
Guramma and her children challenged the July 8, 2023, decree, arguing that they were required parties and that the compromise was made in concert with the intention of depriving them of their rightful property share. After learning that an appeal against a decree derived from a Lok Adalat compromise was not admissible, they dropped their initial appeal.
They then went to HC. In opposition to the request, the respondents contended that as Guramma and her children were not involved in the initial partition litigation, the writ petition could not be maintained.
After reviewing the documents, the Code of Civil Procedure's provisions, and previous rulings, Justice Nagaprasanna concluded that, under some conditions, a third party may use writ jurisdiction to contest a lok adalat award if fraud is suspected on the grounds that the party was purposefully left out of the proceedings despite being essential.
The court ordered the restoration of the civil matter before Hosapete court after granting the petition. Additionally, it mandated that any financial transactions made in accordance with the compromise be deposited with the trial court, subject to the outcome of the partition procedures.
