High CourtsSingle Bench(2022) 12 KL CK 0168

Mr.Shameer vs Raju

High Court Of Kerala · Decided on 16 December 2022

HON’BLE JUDGES
Mohammed Nias C.P, J
RESULT
Allowed
CASE NUMBER
Writ Petition (C) No. 29742 Of 2013

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Judgment

5 paragraphs · 209 words

Mohammed Nias C.P., J

1.

Ext. P5 award passed by the Lok Adalath, Irinjalakuda is under challenge. The principal contention raised against the award is that the parties had not signed the award and the counsel appearing on both sides had alone signed. A mere look at the award demonstrates the fact.

2.

The learned counsel for the parties submit that the issue is no longer res integra and is covered by the decisions reported in Leela, Keerikkadu Village v. Manager, National Insurance Co. Lt. Ernakulam District [2008] 1 ILR (Ker) 403; Sunanda, D/o. Madhavan v. Sundaran, S/o. Gopalakrishnan [ 2020 (3) KHC 756] and K.K. Mohanan v. Sasi Ananda [2013] 2 ILR (Ker) 242. In view of the settled position aforesaid, there is no other option but to set aside Ext. P5 and I do so.

3.

Accordingly, there will be a direction to the Sub Court, Irinjalakkuda to dispose of O.S. No. 613 of 2008 pending before it on merits. Considering the fact that the suit is of the year 2008, every endeavour shall be taken by the Sub Court to decide the suit, at any rate, within four months from the date of receipt of a copy of this judgment.

Writ Petition is allowed as above.