The Kerala High Court in the case Vijaya K Vs. Muraleedharan K G observed and has held that an award passed by the Lok Adalat must contain all the characteristics of a decree to make it enforceable.
The court in the case observed that the that Order 20 Rules 6 (1) and (9) of the Civil Procedure Code, 1908, wherein it deals with the contents of a decree, must be adhered to.
The court stated that in order to execute the said award, it needs to have all the characteristics of a decree to enforce it and if the said award is blank and only refers to the obligation without referring to the to the nature of the obligation to be performed, it become in-executable. Thus, the award passed by the Lok Adalat is based on the agreement between the parties and the officers presiding over such Adalat must apply their mind while passing the award to ensure that such award is executable and they in the case must to Order 20 Rules 6 (1) and (9) of the Civil Procedure Code which refers to the contents of decree.
In the present case, the court was considering an appeal from an order passed by the Lok Adalat, Thrissur in a matrimonial dispute which was being resolved in the Lok Adalat. Therefore,, the award passed by the Lok Adalat read that the dispute which is resolved by the parties reconciled and decided to live together in the rented house.
Further, the respondent in the case agreed to settle that half share in property owned by him in the name of the wife petitioner.
On the other hand, it has been claimed by the respondent husband that the said agreement to convey half his property to his wife was on the condition that she would stay with him in a rented house. Adding to it, the wife of the appellant contended that she stayed with her husband for a while but due to his ill treatment and his refusal to execute the deed but she refused to continue to stay with him.
The court in the case observed the issue with the brief nature of award passed by the Lok Adalat, thus, calling the challenge by the appellant an unfortunate appeal,
Further, the court observed that no details were being specified in the award and hence it would not be possible to execute it.
The counsel, Adv. G Sreekumar (Chelur) appeared for the Appellant.
The counsel, Adv. Muraleedharan K G represented the respondent.
