Lok Adalat Award after compromise suit & time for Executed as Decree in Civil ct

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    • #3591

      Sir,
      After receiving Award from Permanent & continuous Lok Adalat after proper compromise suit, now we want the same award to be executed as decree in Civil court regarding our family property partition.

      1. My question is can any one with evil intention challenge this award without any valid document in High court under Act 226/227 ?

      2. After applying in civil court for execution of Award of PLA as Decree, is there any time limit from civil court to get the Award executed as Decree ?

    • #3602

      Recently, I have replied to a similar question which is available at: Can Lok Adalat’s decision be challenged in HC through writ petition? Please read that.

      So, as I have mentioned in the above reply, it should be clear that the award of a Lok Adalat can be challenged in the high court under Article 226/227 of the Constitution on limited grounds. Now, whether the person challenging such award had an evil intention or he did so without any valid document are issues that relate to facts of the case and can generally be decided after hearing of the matter by the court. If the court finds that there is no valid ground to file the petition to challenge the award, it will definitely dismiss such petition. Sometimes, it can be ascertained at the beginning of the writ petition itself (that there is no valid ground) while on other occasions the writ petition may have to be heard in detail to come to such conclusion. It all depends on facts of each case.

      There is no specific time limit within which the execution proceedings can be completed and the award can be executed. It all depends on various things, and differs from case to case. But, if it is a family settlement and no party opposes it, the execution can be much faster than in other cases.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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