Court No. - 44
Case :- WRIT - C No. - 42516 of 2019 Petitioner :- Advance Lamp Component And Table Wares Private Limited Respondent :- Incharge, Lok Adalat Firozabad / District Judge Firozabad And Another Counsel for Petitioner :- Madhav Jain
Hon'ble Pankaj Bhatia,J.
Vakalatnama filed by Shri Pratik J. Nagar, Advocate on behalf of respondent No.2 is taken on record.
Heard learned counsel for the petitioner and Shri Pratik J. Nagar, learned counsel for the respondent No.2.
Present Writ Petition under Article 226 of the Constitution of India has been filed challenging the order dated 14.09.2019 passed by the Incharge, Lok Adalat, Firozabad/District Judge, Firozabad, respondent No.1 in Original Suit No. 5 of 2019, whereby the application 16Ka for settlement between the parties in the National Lok Adalat has been rejected vide impugned order.
From the bare perusal of the impugned order it is apparent that the suit was filed for declaration to the effect that the plaintiff is the owner of the property and accordingly, sale deed dated 20.5.2009 registered in which the name of the plaintiff be recorded as owner instead of defendant No.2 by making the rectification of the sale deed. District Judge, Firozabad has rejected the said compromise application No.16Ka only on the ground that the said compromise is not as per the law. No reason whatsoever has been assigned by the District Judge as to how the compromise was not recorded as per the law.
Under these circumstances, the order passed by the District Judge, Firozabad dated 14.09.2019 cannot be sustained.
Accordingly, Writ Petition is allowed. The matter is remitted back to the concerned court to restore the compromise application and pass appropriate order on the compromise application No.16Ka in accordance with law.
Order Date :- 20.12.2019 Puspendra