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Bharvagi Constructions & Anr. vs. Kothakapu Muthyam Reddy & Ors. – (SC)

36.00 3.60

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Legal Services Authorities Act, 1987–Award passed by Lok Adalat on the basis of compromise in a suit for specific performance of sale agreement–Suit for declaration the award illegal null and void on the ground of playing fraud/misrepresentation–Application under Order 7, Rule 11(d) with contending that the suit was barred by law–Application was allowed by trial Court with the view that the award could have been challenged by filing the writ petition–High Court set aside the order with observation that the suit is founded on the allegations of misrepresentation and fraud, therefore, it is capable to being tried on it’s merits–Justification –Only remedy of filing writ petition was available to aggrieved person–Approach of High Court cannot be held correct.