Agreement amount not paid ,lok adalat appeal possible
GANGAM.RAJENDER.
(Querist) 07 February 2014
This query is : Resolved
respected experts,
the lokadalat case has been compromised on dated 23-nov-2013.
before the lokadalat the parties compromised with the conditions were written on the (100 rs) bond paper.
1.the plaintiffs are agreed to pay 28 lakhs to the defendants for compromise and they initially paid 5 lakhs to the defendants.
remaining amount will be paid after the lokadalat compromise.
2. the defendants are also agreed and they are compromised in the lokadalat on the above said date.
3.the amount perticulars are not mentioned in the lokadalat petition.
4.now the plaintiffs not binding to the agreement condition they are now saying that after the mutation on the revenue records then we will pay the remaining amount to you.
5.original bond paper with the mediators only xerox copy along with me.
6.they (PLAINTIFFS) approached the MRO with the ORDER COPY OF LOKADALAT FOR MUTATION.
Q1.AT PRESENT STAGE CAN WE GIVE LEGAL NOTICE TO THE MRO WITH XEROX COPY OF AGREEMENT FOR NOT TO MUTATE THE RECORDS.
Q2.BASED ON THIS AGREEMENT CAN APPROACH COURT FOR APPEAL.
THANK YOU SIR.
Raj Kumar Makkad
(Expert) 07 February 2014
Rather filing an appeal or the application with MRO, you are required to approach to the same court for the execution of the judgment which otherwise was conditional. The court shall get the decree executed.
GANGAM.RAJENDER.
(Querist) 07 February 2014
thank you raj kumar makkad sir,
Q1.there is any limitation period for approach the same court .if any limitation pls explain the procedure.
thank you sir.
Dr J C Vashista
(Expert) 08 February 2014
No appeal lies against the order passed by Lok Adalats.
Get it executed through same court.
Since the case has not been decreed it is as early as possible (no time frame given) otherwise for a decree it is 12 years
Rajendra K Goyal
(Expert) 08 February 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Lok-adalat-compramised--451846.asp#.UvXEpYVRy_I
http://www.lawyersclubindia.com/experts/Lok-adalat-compramised--451851.asp#.UvXEz4VRy_I
http://www.lawyersclubindia.com/experts/Agreement-amount-not-paid-lok-adalat-appeal-possible-452456.asp#.UvXE-IVRy_I
T. Kalaiselvan, Advocate
(Expert) 08 February 2014
I agree with the opinions of the experts. It is not barred by limitation
