Jigarbhai Bharatbhai Shah Legal Heir Of Bharatbhai Hirachand Shah v. Fatesinh Mohan Chouhan And ORS

909wp16898-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16898 OF 2024 Jigarbhai Bharatbhai Shah Legal Heir of Bharatbhai Hirachand Shah ... Petitioner.

Versus

Fatesinh Mohan Chouhan and Ors.

... Respondents.

----- Mr. Manoj Badgujar, Advocate for the Petitioner. ----- Coram :

Sharmila U. Deshmukh, J.

Date :

November 19, 2024 P. C. :

1.

The Award of the Lok-Adalat of the year 2011 is challenged in the year 2024 after the Execution Proceedings have been filed on the ground that the predecessor of the present Petitioner was not signatory to the consent terms before the Lok-Adalat and there was no referral order of the Civil Court. Learned counsel for the Petitioner would further submit that the Advocate for the Plaintiff was also a part of the Panel of Lok-Adalat.

2.

Issue notice to the Respondents, returnable after a period of three weeks. In addition to Court notice, the Petitioner is permitted to serve the Respondents by private notice by any of the permissible modes of service before the next date and to file affidavit of service before the next date.

3.

Stand over to 10th December, 2024.

[Sharmila U. Deshmukh, J.] sa_mandawgad 1 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 21/11/2024 10:09:55