Hemantha Kumar vs R. Mahadevaiah & Ors.

Court

Supreme Court of India

Date

11 July 2022

Case No.

Civil Appeal No. 4108 of 2022

Result

Allowed

Bench

M.R. Shah, B.V. Nagarathna

Citation

[2022] 12 S.C.R. 117 : 2022 INSC 694

Headnote

Code of Civil Procedure,1908 – Or.XXIII, r.3 – Consent decree – Grant of – The original plaintiff instituted suit for specific performance of the agreement to sell – Before the Trial Court plaintiff and defendants submitted an application under Or.XXXIII, r.3 and requested to pass consent decree as parties have settled the dispute – Trial Court referred the matter to Lok Adalat – Lok Adalat passed the consent decree – Defendants filed writ petition before the High Court challenging the consent decree on ground of fraud – High Court set aside the consent decree, observing that counsel for the plaintiff had mislead the trial Court in obtaining decree while referring the matter to Lok adalat r/w the compromise – Plaintiff preferred the appeal before the Supreme Court – Held: Merely because the trial court have referred the matter to Lok Adalat that alone cannot be a ground to doubt the genuineness of the consent decree – No fraud committed – High Court has committed grave error in setting aside the consent decree passed in the Lok Adalat – Judgment and order of High Court quashed and set aside – Consent decree passed by the Lok Adalat restored.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Karnataka at Bengaluru in Writ Petition No. 35073 of 2015 by which the High Court has set aside the consent decree passed in the Lok Adalat and consequently has restored the original suit, original plaintiff has preferred the present appeal. 2. The facts leading to the present appeal in a nutshell are as under:- 2.1 That the appellant herein – original plaintiff instituted Original Suit No. 94 of 2006 in the Court of learned Civil

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