HIGH COURT OF KERALA
Click here to view full judgement.
K.ABRAHAM MATHEW J. -
(1.) Validity of three awards passed by Lok Adalat under Section 21 of the Legal Services Authorities Act 1987 on a reference made to it in three suits is under challenge.
(2.) The picture that emerges from the facts relating to the proceedings before the Lok Adalat, of which one of the members
was a judicial officer and the other an advocate, is a mosaic of
callousness, casual approach, disrespect for the statutory
procedure, breach of the rules of grammar of the language and
expressions which do not make any sense. It has catapulted the
parties to the suits, who are members of a family, into a
controversy which is worse than the one which is the cause of
action for the suits.
(3.) The petitioner is the brother of the respondents. They and their mother, Padmavathy, had in their joint ownership 13 cents of
land. In a partition that took place in 1992 five cents was allotted
to the petitioner and eight cents jointly to the respondents and the
mother. After the death of the mother the petitioner filed
O.S.No.2291 of 2014 in Munsiff Court, Kodungallur for partition of
the right of the mother and separate allotment of his share in it.
Respondents filed O.S.No.2936 of 2014 claiming exclusive title to
above said 8 cents and praying for fixation of its boundary. On the
allegation that in the partition deed of 1992 some mistakes crept into
the description of the properties the petitioner filed O.S.No.165 of
2015 for rectification of the deed.;
Copyright © Regent Computronics Pvt.Ltd.