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2019 (3) TMI 2057 - BOMBAY HIGH COURTRight of third party to challenge the award of the Lok Adalat before the High Court - litigating sides had excluded the third party from the litigation - HELD THAT:- The property situated in Survey No. 104 which is known as Vadjai area, was the suit property in the 2000 suit for partition and separate possession and the same survey number involving a larger area of land in Vadjai area was the suit property in the 2017 suit, in which these Petitioners were excluded. As such, if at all there is any fraud played by the Plaintiff (Bhausaheb) or the Defendants (Kondabai and Lahanabai) in the 2017 suit, it relates to the property Survey No. 104 in Vadjai area and which, therefore, fortifies the contention of the Petitioners that the property admeasuring 3 Acres 35 Gunthas, which was subject matter of the 2000 suit is the suit property in the 2017 suit, which is shown to be admeasuring 7 Acres 19 Gunthas. In the light of the law laid down by the Honourable Supreme Court in BHARGAVI CONSTRUCTIONS & ANR. VERSUS KOTHAKAPU MUTHYAM REDDY & ORS. [2017 (9) TMI 1731 - SUPREME COURT] and STATE OF PUNJAB & ORS. VERSUS SHRI GANPAT RAJ [2006 (9) TMI 556 - SUPREME COURT], that the third party would be covered by the meaning "aggrieved person" and as is held by the High Court of Andhra Pradesh in the matter of Batchu Subba Lakshmi [2009 (12) TMI 1064 - ANDHRA PRADESH HIGH COURT], such a third party can challenge the Lok Adalat award provided the ground of fraud and misrepresentation is, prima facie, made out. The impugned Lok Adalat award is quashed and set aside - petition allowed.
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