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Shantawwa V Hanamant Bhimappa Bhajantriwatermark 1594330
Shantawwa V Hanamant Bhimappa Bhajantriwatermark 1594330
IN
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NC: 2024:KHC-D:2404
MSA No. 100010 of 2021
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
R
MISCELLANEOUS SECOND APPEAL NO.100010 OF 2021
BETWEEN:
AND:
respondent.
passed:
“ORDER
came to be passed.
prayer:
second appeal.
the same has been rightly appreciated by the Trial Judge and
for brevity), not only allowed the appeal and reversed the
all open to the learned Judge in the first Appellate Court in view
of the clear bar under the Act, 1987 in challenging the award
passed in the Lok Adalath and sought for allowing the second
appeal.
out hereunder:
VERDICTUM.IN
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NC: 2024:KHC-D:2404
MSA No. 100010 of 2021
Appellate Court and passed the impugned order and sought for
as under:
held as under:
meticulously.
the matter was settled before the Lok Adalatk, first defendant
compromise petition.
also award is bad on the ground that the same has been
integra.
bar under the Act, 1987, the only remedy is to file a writ
Adalath.
Courts is unnecessary.
writ petition under the Article 226 and 227 of the Constitution
of India.
maintainable.
VERDICTUM.IN
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NC: 2024:KHC-D:2404
MSA No. 100010 of 2021
petition.
CPC when there is a clear bar under the Act, 1987 is thus
High Court in a writ petition under article 226 and 227 of the
Constitution of India.
set aside and that of the Trial Court in dismissing the suit in
O.S.No.98/2016 is to be upheld.
ORDER
writ petition.
and latches.
Sd/-
JUDGE
SMM
List No.: 2 Sl No.: 47