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.