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Bombay High CourtWP/13652/2018disposed offdismissed for default

Shaikh Hafiz Abdul Nabi v. Mehetab Maheboob Qureshi And Others

2018-12-10Hon'Ble Shri Justice Nitin Jamdar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13652 OF 2018 SHAIKH HAFIZ ABDUL NABI

VERSUS

MEHETAB MAHEBOOB QURESHI AND OTHERS ...

Advocate for Petitioner : Mr. Shamim Rashid Shaikh .....

CORAM : N. M. JAMDAR, J.

DATED : 10 DECEMBER 2018 PER COURT:- 1.

By this petition, the petitioner has challenged the award of the Lok Adalat dated 22 April 2018. It appears that the respondent Nos. 1, 2 and 3 were parties in Special Civil Suit No. 174 of 2017 filed in the Court of Civil Judge, Senior Division, Latur. It also appears that these respondents compromised their suit before the Lok Adalat and the award of the Lok Adalat was rendered in terms of the compromise.

2.

Te petitioner, who is not party to the suit or to compromise, has filed this petition on the ground that there is fraud committed by these respondents and they have not disclosed that the Regular Civil Suit No. 695 of 2017 is pending in the court of Civil Judge, Junior Division, Ausa, which has been filed by the sister of present respondent No.2 and petitioner is the defendant No.6 in the said

wp13652.18- -2suit, for partition. He submitted that the award of the Lok Adalat will affect the rights of the petitioner in pending suit. 3.

Te provision of Section 21 of the Legal Services Authorities Act stipulates that every award made by the Lok Adalat is final and binding on the parties to the dispute. It is obvious that since the petitioner is not party to the dispute and the compromise, the compromise cannot bind the petitioner. None of the parties to the suit have filed objection on the ground of fraud. 4.

It is obvious that since the compromise does not affect the rights of the petitioner having not been a party, it will not affect the petitioner's case his substantive rights, if any, in the pending suit. In view of this position that the petitioner's rights are not affected by the award, it is not necessary to interfere in this writ petition. Te petition is accordingly disposed of.

( N. M. JAMDAR, J.) rlj/ NOTE: Te order is corrected as per Court's Order dated 22 December 2018.