Avtar Singh v. Satinder Singh And ORS

CWP-9656-2023 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (229) CWP-9656-2023 Date of decision:- 13.08.2025 Avtar Singh ... Petitioner

Versus

Satinder Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Arjun Veer Sharma, Advocate for the petitioner.

Mr. Atul Goyal, Advocate for respondent No.1.

Respondent No.2 (i) and (ii) was ordered to be proceeded against exparte by this Court vide order dated 18.09.2024. None for respondent No.3.

**** SUVIR SEHGAL, J. (ORAL) 1.

Instant petition has been filed for issuance of a writ in the nature of certiorari for quashing order dated 09.09.2017, Annexure P-4, passed by the National Lok Adalat, Ludhiana.

2.

By making a reference to the statements of Avtar Singh and Satinder Singh, who are plaintiff and defendant No.1 before the Trial Court, counsel for the petitioner submits that both the parties had stated that the compromise is in process and the proceedings be adjourned. Counsel submits that, however, taking the statements to be a settlement between the parties, the National Lok Adalat vide impugned award, Annexure P-4, has dismissed the suit as KAMAL SHARMA 2025.08.20 10:22 I attest to the accuracy and authenticity of this order/judgment.

High Court, Sector-1, Chandigarh.

CWP-9656-2023 -2withdrawn being compromised. He submits that the order seems to have been passed by the National Lok Adalat erroneously. 3.

Despite notice, no response has been filed by respondents. 4.

Counsel for respondent No.1 states that he does not intend to file any written reply.

5.

Having heard counsel for the parties, this Court is of the view that there seems to have been inadvertent error on the part of the National Lok Adalat. Perusal of the statements of the plaintiff as well as defendant No.1 clearly reflect that there was no settlement between the parties and on 04.08.2017, Annexure P-1, they had requested that a date be given. Parties never recorded a statement that they have settled the dispute. Therefore, impugned award, Annexure P-4, passed by the National Lok Adalat cannot be sustained.

6.

Accordingly, writ petition is allowed. Award dated 09.09.2017, Annexure P-4, passed by the National Lok Adalat is set aside. 7.

Civil Suit is ordered to be restored to its original number. Parties are directed to appear before the Trial Court on 15.09.2025 for further proceedings in accordance with law.

(SUVIR SEHGAL) JUDGE 13.08.2025 Kamal Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No KAMAL SHARMA 2025.08.20 10:22 I attest to the accuracy and authenticity of this order/judgment.

High Court, Sector-1, Chandigarh.