To Execute Lok Adalat Award It Should Have Characters Of A Decree: Kerala HC Holds Blank Award In-Executable
The Kerala High Court recently while dealing with a matter dismissed an Execution Appeal arising out of a Lok Adalat Award for being a non-detailed award. The Court found that the Lok Adalat award which recorded the agreement in a matrimonial dispute between the parties is absolutely non-detailed as to execute the decree.
The Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas noted that the officer presiding the Lok Adalat dealt with the matrimonial dispute of the present parties and it was recorded in the Lok Adalat award that the "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 execution of this award before the lower Court filed was dismissed, being aggrieved with which the wife moved High Court for the execution. Advocate G.Sreekumar (Chelur) appeared for the Wife (Appellant) while Advocate Rajesh Chakyat represented the Husband.
The High Court while finding the appeal to be an 'unfortunate appeal' noted that due to the award being a non-detailed order, the Husband raises the contention that the agreement to convey half share of the property owned by him is on a condition that the appellant would stay with him in a rented house. While on the other hand, the wife submits that she stayed for a while with the respondent and on account of the refusal on the part of the respondent to execute the deed and ill-treatment, she discontinued her stay.
Noting the peril, the High Court observed that "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."
Finding the degree to be non-executable, the Bench 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 Lok 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."
Accordingly, the Court said that no details are reflected in the award passed to execute the decree. In the absence of any details as referrable above, the decree is in-executable and dismissed the appeal.
Cause Title: Vijaya K. v, Muraleedharan K.G. [Neutral Citation No. : 2023/KER/35770]