Suwarna Suresh Nagrale And Others v. Ramesh Pandhari Nagrale And Others
2025:BHC-NAG:13170
26. WP 4647 of 2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4647/2022 Smt. Suwarna Suresh Nagrale and others ...Versus...
Ramesh Pandhari Nagrale and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. A.A. Dhawas and Mr. K.R. Bhise, Advocates for petitioners Mr. R.S. Kurekar, Advocate for respondents CORAM : ROHIT W. JOSHI, J.
DATE : 27/11/2025 1.
It is not in dispute that the impugned award dated 14/12/2019 passed by the learned Lok Adalat under the Legal Services Authorities Act, 1987 is based on compromise allegedly arrived at between the plaintiffs and defendant No.1. Defendant No.2 had expired on 16/11/2019.
2.
In view of the above, the impugned award dated 14/12/2019 is unsustainable and is liable to be quashed and set aside.
3.
Writ Petition is allowed by quashing and setting aside the award, dated 14/12/2019, passed by the Lok Adalat, Wani in relation to dispute, which is subject matter of Regular Civil Suit No.73/2013, which was pending before the learned Civil Judge, Junior Division, Wani, District Yavatmal and the subsequent decree dated 14/12/2019, passed by the learned Civil Judge Junior Division, Wani disposing of the suit in terms of the said award.
26. WP 4647 of 2022.odt 4.
It will be open for the original plaintiffs to move appropriate application for restoration of said Civil Suit and to take steps for bringing legal representatives of defendant No.2 on record.
5.
The contention that defendant No.1 was also not the signatory to the said settlement is kept open. 6.
No order as to costs.
(ROHIT W. JOSHI, J.) Wadkar