Atman 09 June 2021
A trial court passes a preliminary decree in a partition suit. Can the parties now approach Lok adalat for a settlement that will have the nature of completely overriding the trial court preliminary decree? It appears that only two parties want to approach the Lok adalat. Would Lok adalat allow only some of the parties to settle the matter before them and ignore the rest?
T. Kalaiselvan, Advocate (Advocate) 09 June 2021
The parties to dispute, if arrive at a compromise among themselves, can file a memo to refer the matter to lok adalat even after the preliminary decree is passed.
However it is essential that all the parties to the suit to agree for the compromise decision arrived on mutually agreed conditions among themselve, if even one person is not willing to cooperate then the lok adalat would revert the matter to the regular court to continue with the proceedings as per law.
Sankaranarayanan (Advocate) 10 June 2021
Yes i do agreed the same as point by the expert
Atman 10 June 2021
Thank you Sirs for your reply.
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