Madhya Pradesh High Court
Keshavrao vs Durgabai on 2 January, 2023
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 2 nd OF JANUARY, 2023
SECOND APPEAL No. 1654 of 2022
BETWEEN:-
KESHAVRAO S/O SITARAM GADRE, AGED ABOUT 48
YEAR S, OCCUPATION: AGRICULTURIST R/O RAJADA
POST RAJADA TAHSIL MOHKHED CHHINDWARA (M.P.)
(MADHYA PRADESH)
.....APPELLANT
(BY MR. A.K. CHAKARVARTI - APPELLANT )
AND
1. DURGABAI W/O LAKHANLAL PAWAR, AGED
ABOUT 51 YEARS, R/O VILLAGE RAJADA POST
RAJADA TAHSIL MOHKHED DISTRICT
CHHINDWARA (M.P.) (MADHYA PRADESH)
2. SMT. TUKDI BAI W/O PUNU PAWAR (DIED)
THROUGH LRS. SAMPAT S/O LATE PUNU
CHOUDHARI, AGED ABOUT 55 YEARS,
OCCUPATION: CASTE PAWER R/O VILLAGE
RAJADA POST RAJADA TEHSIL MOHKHED
DISTRICT CHHINDWARA (MADHYA PRADESH)
3. KESHAV S/O LATE PUNU CHOUDHARI, AGED
ABOUT 53 YEARS, OCCUPATION: CASTE PAWER
R/O VILLAGE RAJADA POST RAJADA TAHSIL
MOHKHED DISTRICT CHHINDWARA (MADHYA
PRADESH)
4. YASHWANTI S/O LATE PUNU CHOUDHARI, AGED
ABOUT 51 YEARS, OCCUPATION: CASTE PAWER
R/O VILLAGE RAJADA POST RAJADA TAHSIL
MOHKHED DISTRICT CHHINDWARA (MADHYA
PRADESH)
5. DEVAJI S/O LATE PUNU CHOUDHARI, AGED
ABOUT 49 YEARS, OCCUPATION: CASTE PAWER
R/O VILLAGE RAJADA POST RAJADA TAHSIL
MOHKHED DISTRICT CHHINDWARA (MADHYA
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 1/3/2023
12:43:54 PM
2
PRADESH)
6. SMT. JANKI BAI W/O BABAJI PAWAR (DIED)
THROUGH LRS . BABAJI S/O PILAJI GHAGHRE,
AGED ABOUT 75 YEARS, OCCUPATION: CASTE
PAWAR R/O VILLAGE PALAKHED P.S. AND TAHSIL
MOHKHED DISTRICT CHHINDWARA (MADHYA
PRADESH)
7. DHANUSH S/O BABAJI GHAGHRE, AGED ABOUT
52 YEARS, OCCUPATION: CASTE PAWAR R/O
VILLAGE PALAKHED P.S. AND TAHSIL MOHKHED
DISTRICT CHHINDWARA (MADHYA PRADESH)
8. ASHOK S/O BABAJI GHAGHRE, AGED ABOUT 52
Y E A R S , OCCUPATION: CASTE PAWAR R/O
VILLAGE PALAKHED P.S. AND TAHSIL MOHKHED
DISTRICT CHHINDWARA (MADHYA PRADESH)
9. SUBHASH S/O BABAJI GHAGHRE, AGED ABOUT 49
Y E A R S , OCCUPATION: CASTE PAWAR R/O
VILLAGE RAJADA POST RAJADA TAHSIL
MOHKHED DISTRICT CHHINDWARA (MADHYA
PRADESH)
10. SMT. MANGRIBAI W/O LATE NAGORAO PAWAR
(DIED) THROUGH LRS. GULAB S/O LATE
NAGORAO PAWAR, AGED ABOUT 55 YEARS, R/O
VILLAGE KAKRAI PALAKHED POST PALAKHED
TAHSIL MOHKHED DISTRICT CHHINDWARA
(MADHYA PRADESH)
11. JAIDEV S/O LATE NAGORAO PAWAR, AGED
ABOUT 53 YEARS, R/O VILLAGE KAKRAI
PALAKHED POST PALAKHED TAHSIL MOHKHED
DISTRICT CHHINDWARA (MADHYA PRADESH)
12. SMT. MAYA D/O LATE NAGORAO PAWAR, AGED
ABOUT 50 YEARS, R/O VILLAGE KAKRAI
PALAKHED POST PALAKHED TAHSIL MOHKHED
DISTRICT CHHINDWARA (MADHYA PRADESH)
13. LAMIBAI W/O DHANSINGH PATLE R/O CHICHVAN
TAHSIL AND DISTRICT SEONI (MADHYA
PRADESH)
14. STATE OF M.P. THROUGH COLLECTOR
CHHINDWARA (MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 1/3/2023
12:43:54 PM
3
(BY MR. R. METHAI - PANEL LAWYER FOR THE RESPONDENT
NO.14/STATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This second appeal under Section 100 of CPC has been filed against the
judgment and decree dated 16.06.2022 passed by IVth Additional District
Judge, Chhindwara in Regular Civil Appeal No.150/2016 arising out of
judgment and decree dated 24.10.2016 passed by III Civil Judge Class-II,
Chhindwara in Civil Suit No.30-A/2014.
The facts necessary for disposal of the present appeal in short are that
the matter was compromised in Lok Adalat and accordingly, a compromise
decree was passed.
It is the case of the appellant that the appellant had purchased agricultural
land bearing khasra number 76/1, area 0.43 decimal by a registered sale deed
from the defendant/respondent nos. 2 and 3. The respondent no.1 filed a suit
for specific performance of contract against the respondent nos.2 and 3 and in
the said suit, a compromise decree was passed.
According to the appellant, a compromise decree was obtained by fraud,
therefore, suit was filed for declaration of compromise decree as well as the
execution thereof as null and void.
The said suit was dismissed by the trial Court by judgment dated
24.10.2016 passed by III Civil Judge Class-II, Chhindwara in Civil Suit No.30-
A/2014 mainly on the ground that compromise decree passed by the Lok
Adalat cannot be challenged by filing a civil suit.
Being aggrieved by the judgment and decree passed by the trial Court,
the appellant preferred a Regular Civil Appeal No.150/2016 which has been
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 1/3/2023
12:43:54 PM
dismissed by impugned judgment dated 16.06.2022 passed by IVth Additional
District Judge Chhindwara, District - Chhindwara.
It is fairly conceded by the counsel for the appellant that if any person is
aggrieved by a decree/order passed by the Lok Adalat then the same can be
challenged only by filing a petition under Article 226/227 of the Constitution of
India and accordingly, he submitted that a liberty may be granted to the
appellant to assail the compromise decree passed by the Lok Adalat in an
appropriate forum under appropriate provision.
Heard the learned counsel for the appellant.
The Supreme Court in the case of State of Punjab & Anr. Vs. Jalour
Singh & Ors. reported in AIR 2008 Supreme Court 1209 has held that the
award passed by the Lok Adalat is not appealable and can be challenged by
filing writ petition under Article 226/227 of the Constitution of India. The
counsel for the appellant was right in making a submission that the civil suit was
wrongly filed and in fact the compromise decree should have been challenged
by filing a writ petition under Article 226/227 of the Constitution of India.
Accordingly, this Court is of the considered opinion that no substantial
question of law arises in the present appeal. As a consequence thereof, this
appeal filed against judgment and decree dated 16.06.2022 passed by IVth
Additional District Judge Chhindwara in Regular Civil Appeal No.150/2016
arising out of judgment and decree dated 24.10.2016 passed by III Civil Judge
Class-II Chhindwara in Civil Suit No.30-A/2014 is hereby dismissed.
However, liberty is granted to the appellant to avail the statutory remedy
whichever is available to him against the compromise decree passed by the Lok
Adalat.
Signature Not Verified
Needless to mention that since the civil suit was not maintainable,
Signed by: JULIE SINGH
Signing time: 1/3/2023
12:43:54 PM
therefore, any finding recorded in any of the judgment passed by the trial Court
or the appellate Court shall not have any effect on the outcome of the remedy
which would be availed by the appellant.
(G.S. AHLUWALIA)
JUDGE
julie
Signature Not Verified
Signed by: JULIE SINGH
Signing time: 1/3/2023
12:43:54 PM
