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2021 (2) TMI 1378 - BOMBAY HIGH COURTCompromise decree passed in Lok Adalat on the ground of fraud - possession of suit property - HELD THAT:- In the instant case, the petitioner and respondent Nos. 7 to 9 and 12 are the daughters of deceased Revaji. On going through the pleadings of said R.C.S. No. 374 of 2013 wherein there is no reference to the petitioner and respondent Nos. 7 to 9 and 12. On the other hand, plaint is silent and there is no pleading as to whether the daughters have relinquished their share in respect of the ancestral property. There are much substance in the contention raised by learned counsel for the petitioner that deceased Revaji was suffering from severe health condition and the same is evident from the fact that within four months of institution of the suit deceased Revaji died. It further appears that the said R.C.S. No. 374 of 2013 was instituted on 18.6.2013 and it was compromised on 30.6.2013 i.e. within 12 days. Thus, prima facie, the contention raised about the fraud is sustainable. The petitioner though is not party to the suit which was decreed in terms of the compromise before the Lok Adalat, however, the petitioner, as the aggrieved person, either can file a separate suit for seeking declaration that such decree would not be binding upon her share or the petitioner may file writ petition on the ground of fraud for setting aside the award passed in the Lok Adalat. The impugned award of the Lok Adalat set aside - petition allowed.
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