AIR 2009 KERALA 151 ::2009 (6) All LJ NOC 1016 ::2009 (6) ALJ 1016 ::2009 (6) AIR Kar R 938 ::2009 A I H C (NOC) 828 (KER) ::(2009) 2 Ker LT 338 ::(2009) 2 Ker LJ 300

Kerala High Court

Hon'ble Judge(s): K. T. Sankaran , J

(A) Legal Services Authorities Act (39 of 1987) , S.21, S.19(5), S.20— Award made by Lok Adalat - Whether decree - Reference of execution petition to Lok Adalat - Award passed by Lok Adalat will not be decree of Civil Court in substitution of decree already passed in suit. Award of the Lok Adalat to be deemed to be a decree of the Civil Court, reference to the Lok Adalat shall be made by the Civil Court. In respect of matters referred to by other Courts, S. 21 provides that it shall be deemed to be "an order of any other Court". When a decree was passed by a Civil Court and a reference was to the Lok Adalat in the execution proceeding, there is no question of the award of the Lok Adalat being a decree of a Civil Court which would have the effect of substituting the decree already passed by the Civil Court. When a matter is settled between the parties before the Lok Adalat, after the matter was referred by the executing Court to the Lok Adalat, the award passed therein would be an award which is executable as an order passed by the executing Court on the basis of the decree already passed by the Civil Court. For that purpose, the award shall be deemed to be a decree. It only means that it can be enforced as a decree.(Para 7) Disposal of an Execution Petition cannot be treated as disposal of the suit. The Execution Petition arise....