Lok Adalat Award Must Contain All Characteristics Of A Decree To Make It Enforceable: Kerala High Court

The Kerala High Court recently held that an award passed by a Lok Adalat must contain all the characteristics of a decree to make it enforceable. The Court observed that Order 20 Rules 6 (1) and (9) of the Civil Procedure Code, 1908 which deals with the contents of a decree, must be adhered to.A division bench of Justice Muhamed Mustaque and Justice Sophy Thomas observed that “To execute an award, it must have all the characters of a decree to enforce it. If the award is blank and only refers to the obligation without referring to the nature of the obligation to be performed, it become in-executable. The award passed by the Lok Adalat is based on the agreement between the parties. The officers, presiding over such Adalat must apply their mind while passing the award to ensure that such award is executable. They must refer to Order 20 Rules 6 (1) and (9) of the Civil Procedure Code which refers to the contents of decree.” The Court was considering an appeal from an award passed by the Lok Adalat, Thrissur in a matrimonial dispute which was resolved in the Lok Adalat. The award passed by the Lok Adalat read “Dispute resolved by the parties reconciled and decided to live together in the rented house. The respondent agreed to settle half share in property owned by him in the name of the wife petitioner."The Appellant had moved the execution court to execute the award which was dismissed, against which the Appellant approached the High Court.The Respondent husband claimed that that the agreement to convey half his property to his wife was on the condition that she would stay with him in a rented house. The Appellant wife contended that she stayed with her husband for a while but due to his ill treatment and his refusal to execute the deed she refused to continue to stay with him.The Court took issue with the brief nature of award passed by the Lok Adalat, calling the challenge by the appellant an ‘unfortunate appeal’: “No discernible mind would draft an award of this kind that puts the parties who were litigating before the court at peril. The award appears to have been passed to have a numerical count of disposal before the Adalat. The minimum details of the property agreed to be conveyed ought to have been reflected in the award, so as to make the award executable. “ The Court observed that no details were specified in the award and hence it would not be possible to execute it. Counsel for the Appellant: Adv. G Sreekumar (Chelur) Counsel for the Respondent: Adv. Muraleedharan K G Case Title: Vijaya K Vs. Muraleedharan K G Citation: 2023 LiveLaw (Ker) 302 Click here to read/download judgment

Lok Adalat Award Must Contain All Characteristics Of A Decree To Make It Enforceable: Kerala High Court

Sheryl Sebastian

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