Can a decree passed by lokadalat be challenged.
Querist :
Anonymous
(Querist) 25 November 2017
This query is : Resolved
Dear sir,
I have a problem related to a case of family dispute in HUF family from 1990. In HUF family party 1 is the head of family and have four brothers these are party no. 2.They started a business unit in 1984 on the name of sone of party no.1 and brother of party no. 1. In 1988 family disputes are arose between them for the profit, and after that they dissolve the partnerships and seperate with each other with seperate business units. But the Business unit started in 1984 remain in the share of party no. 1 and his brother seperate his share and they create new registration of firm. But in 1990 Brothers of Party no.1 file a suit in district court for family seperation and in the duration of that party 1 reply all there quries in court but in 1992 they all agree for making an agreement for divide the property and they force the party no. 1 to giving them full share in business unit started in 1984, But party 1 refused to do so. But in the last party 1 agree for it on the base of an agreement of amount which is spent by party 1 for run the business, and both parties are agree on it. In 1993 party 1 had a undesired condition and in between party 2 present the settlement against the court without agreement of amount and court send it to lok adalat and after that party 1 was not presented at lok adalat and lok adalat passed a decree in favour of party 2.
After that they tried to take charge of business unit and cancel the old deed but govt. unit refused to do so without consent of party 1.They tries again and again but failed to do so. In 2013 they again file a suit in High court and in 2017 court orderd that "party 1 did not applied against the decree in the court which passed the decree till now , so the objection of party 1 is cancelled".
what does party 1 do for it?
Guest
(Expert) 25 November 2017
Lok Adalat will not pass an order which is equivalent to court decree with out the consent and presence of all the parties related to the Case.Better discuss with a local advocate along with all the evidences.
