SUSHILA DEVIDAS GHORPADE vs GANESH ANANDRAO JAGDALE

Judgment text excerpt

2025:BHC-AS:22589 wp 1265 of 2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1265 OF 2022 WITH CONTEMPT PETITION NO.151 OF 2025 Sushila Devidas Ghorpade, Age 75 yrs., Occu – Pensioner/Agri, R/o Madha, Tal. Madha, Dist. Solapur, C/o Pratibharani Prakash Gaikwad Age 37 years, Occu – Service R/o 1115, Juni Policeline, Murarji Peth, Solapur – 413 001 … Petitioner versus Ganesh Anandrao Jagdale Age 40 years, Occu – Agriculture, R/o Madha, Tal. Madha, Dist. Solapur … Respondent Mr. Ashok B. Tajane, for Petitioner. Ms. Prachiti Deshpande, for Respondent. CORAM : N.J.JAMADAR, J. RESERVED ON : 8 MAY 2025 PRONOUNCED ON : 9 JUNE 2025 JUDGMENT : 1. Rule. Rule made returnable forthwith and, with the consent of the parties, heard finally. 2. The Petitioner – Defendant takes exception to the legality and validity of the Award dated 17 March 2019 passed by the Lok Adalat, Madha, Solapur, on the basis of the compromise pursis (Exh.8) in RCS No.159 of 2019 instituted by the Respondent – Plaintiff, primarily on the ground that the said SSP 1/26 wp 1265 of 2022.doc compromise pursis and the Award were obtained by playing fraud on the Petitioner and the Lok Adalat. 3. The background facts, in which the challenge to the Award passed by the Lok Adalat arises, can be summerized as under : 3.1 The Petitioner – Defendant is the owner of agricultural land bearing Gat No.780 admeasuring 2 H and 30 Are situated at Madha, District Solapur. The Defendant claimed to have acquired the said land under a registered Sale Deed dated 3 June 1983 for a valuable consideration of Rs.10,000/-. At that time, the Petitioner was a widow. The Respondent is her nephew. 3.2 The Petitioner averred, taking undue advantage of her situation in life, her brothers, nephews a