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Bombay High CourtWP/4161/2024dismissed

Ankush Tukaram Pol v. Shivaji Tukaram Pol And ANR

2024-03-12Hon'Ble Shri Justice N. J. Jamadar2 pages

3.CRA.52.2022.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.52 OF 2022 Ankush Tukaram Pol .. Applicant

Versus

Shivaji Tukaram Pol and Anr.

.. Respondents ....................

 Mr. Milind Deshmukh, Advocate for Applicant.

 Mr. Vaibhav R. Gargade, Advocate for Respondents. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 12, 2024 P.C.

:

1.

Heard Mr. Deshmukh, learned Advocate for Applicant and Mr. Gargade, learned Advocate for Respondents. 2.

The present Civil Revision Application challenges the Award of Lok Adalat which is at Exhibit-E, page No.46 of the proceedings passed by the Lok Adalat compromising the suit in Regular Civil Suit No.17 of 2018. By virtue of this Court's order dated 27.01.2022 which was passed without assigning any reason it was held that Writ Petition is not maintainable and liberty was granted to Petitioner to take appropriate steps for converting the Writ Petition to appropriate proceedings.

3.

Hence Applicant converted the Writ Petition into Civil Revision Application.

4.

It is seen that any Award passed by the Lok Adalat on

3.CRA.52.2022.doc compromise arrived at between the parties in suit proceedings can only be challenged and set aside in a Writ Petition as held by the Supreme Court and not in any other proceedings, much less a Civil Revision Application which is maintainable as against interlocutory orders only. Hence, liberty and leave is granted to the Applicant to convert the Civil Revision Application to a Writ Petition which shall be done within a period of one week.

5.

Leave is granted to the Applicant to mention the Writ Petition after converting and registering the same and seek immediate circulation once the Writ Petition is numbered. 6.

Civil Revision Application is disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2024.03.12 17:45:39 +0530 HARSHADA HANUMANT SAWANT