The case stemmed from a protracted property dispute in Jabalpur over land initially owned by one Siya Bai. In 2008, she executed an influence of lawyer in favour of a person named Virendra Patel. The next 12 months, Patel entered into an settlement to promote the property to 2 others, Rakesh Gupta and Neeraj Jain. Later, Patel additionally bought the identical property to a different individual, Ganga Prasad Kurariya, resulting in a number of civil and legal circumstances.
In 2016, after Siya Bai’s demise, her husband, claiming to be her sole inheritor, bought the property for ₹4.2 crore to an actual property agency, M/s Rajul Builders, owned by the appellant, Dilip Mehta. He claimed that he was in lawful possession ever since.
Nonetheless, Rakesh Gupta and Neeraj Jain later filed a go well with for particular efficiency of their 2009 sale settlement towards Patel alone, with out impleading both Siya Bai’s heirs or the appellant. That go well with was settled earlier than a Lok Adalat in Might 2022, the place a decree was handed of their favour. On the energy of that decree, they executed a sale deed and started proceedings to take possession of the property by means of execution.
Mehta mentioned he got here to know of the Lok Adalat decree solely when the police arrived to implement possession warrants. He instantly filed objections earlier than the executing courtroom, claiming the decree was obtained by fraud. He additionally filed a writ petition earlier than the Madhya Pradesh Excessive Court docket difficult the award.
The only-judge dismissed the petition, holding that since Mehta had already filed objections in execution, he may pursue his treatment there. The Division Bench upheld that view.
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