09 August 2018
Supreme Court
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SUDHIR KUMAR JAIN Vs NEERAJ KUMAR JAIN .

Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-008151-008151 / 2018
Diary number: 12785 / 2015
Advocates: PREETI SINGH Vs


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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO. 8151 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 13683 OF 2015]

SUDHIR KUMAR JAIN                            Appellant(s)

                               VERSUS

NEERAJ KUMAR JAIN & ORS.                    Respondent(s)

WITH

CIVIL APPEAL  NO. 8152 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 21662 OF 2018]

[@ SPECIAL LEAVE PETITION (C) …..CC NO. 2651 OF 2016]

J U D G M E N T

KURIAN, J.

SLP (C) No. 13683 of 2015

Leave granted.  

The appellant challenged the award passed by the Lok

Adalat before the High Court, where Original Suit No. 68

of  2010  has  been  compromised  between  the  parties.

According to the learned senior counsel appearing for

the appellant, he was neither a party to the suit nor to

the settlement.  According to the learned counsel for

the respondents, the appellant is not an affected party.

The High Court was not inclined to interfere with

the award on the ground that the appellant was not an

aggrieved  party.   But  we  are  informed  that  the  core

issue  regarding  the  settlement  as  per  the  Lok  Adalat

dated 02.09.2013 is now pending before the High Court in

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Misc. Petition (C) No. 497 of 2018, in which both the

sides are parties.  

In view of the above circumstances, we set aside the

impugned Judgment dated 11.03.2015 and remit the matter

to the High Court, to be taken along with Misc. Petition

(C) No. 497 of 2018.   

The parties are free to move the High Court for

expeditious disposal of the Misc. Petition.   

In view of the above, this appeal is disposed of.

SLP (C) ………CC No. 2651 of 2016

Delay condoned.  

Leave granted.

In terms of the Judgment passed in Civil Appeal

No. 8151 of 2018 [@ SLP (C) No. 13683 of 2015) above,

this appeal is disposed of.  

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ SANJAY KISHAN KAUL ]  

New Delhi; August 09, 2018.