*HON’BLE SRI JUSTICE V.V.S.RAO +CIVIL REVISION PETITION NO.5526 OF 2010 %16.09.2011 #Beedam Reddappa Reddy, S/o.Pedareddappa Reddy. ...PETITIONER VERSUS $1. Yellaboyina Vani, W/o.Late Yelaboina Suryanarayana Murthy. And three others. ...RESPONDENTS < GIST: > HEAD NOTE: !Counsel for Petitioner: Sri Nimmagadda Satyanarayana ^Counsel for Respondent: None ? Cases referred THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION NO.5526 OF 2010 ORDER: The petitioner is plaintiff in O.S.No.78 of 2010 on the file of the Court of III Additional District Judge, Kakinada, East Godavari District. The suit was filed for specific performance of agreement of sale, dated 15.12.2006, executed by the respondents (defendants). The suit was referred to Permanent Lok Adalat Bench at Kakinada. In terms of the compromise between the parties, Lok Adalat passed an award, dated 07.08.2010, where under the respondents agreed to transfer the plaint schedule property to an extent of Acs.3.03 cents in favour of the plaintiff. Thereafter, the petitioner filed I.A. (SR) No.6450 of 2010 praying the Court below to send the copy of Lok Adalat award to the Sub- Registrar, Kakinada, for registration. He contended that as the award creates rights in respect of immovable property, it requires registration under Section 17 of the Registration Act, 1908. By order, dated 08.10.2010, the Court of the III Additional District Judge, Kakinada, dismissed the application observing that when the matter was compromised and the award was passed in terms thereof, there is no need to send the same to the Sub Registrar for the purpose of registration. In the Civil Revision Petition, the counsel for the petitioner/plaintiff reiterated the same position as was taken in the Court below. This Court has given due and anxious consideration. The submission of the petitioner’s counsel cannot be countenanced. Section 89 of the Code of Civil Procedure, 1908 (CPC), inserted by CPC (Amendment) Act, 1999, with effect from 01.07.2002, requires the Court to formulate the terms of settlement and subject to observations of the parties thereon refer the same either to arbitration; conciliation; judicial settlement including settlement through Lok Adalat; or mediation. Clause (b) of sub-Section (2) of Section 89 CPC lays down that where a dispute is referred to Lok Adalat, the same shall be in accordance with the provisions of Section 20 (1) of the Legal Services Authority Act, 1987 (LSA Act) and all its provisions shall apply in respect of the dispute referred to Lok Adalat. In view of Section 21 (2) of the LSA Act, every award made by a Lok Adalat shall be final and binding on all the parties to the disputes and no appeal shall lie to any Court against the award. Further, in case of pre-litigation, conciliation and settlement, as per Section 22 E (5) of the LSA Act, the Permanent Lok Adalat may transmit any award made by it to a civil Court having local jurisdiction and such civil Court shall execute the order as if it were a decree made by that Court. In this case, there is no dispute that with consent of the petitioner and respondents, the matter was referred to Lok Adalat, which passed an award and it is binding on the parties. If any document is required for registration, as per the award, it shall be done according to law and there is no requirement of the Court sending the award of the Lok Adalat for registration. The Civil Revision Petition is misconceived and is, accordingly, dismissed. No costs. _______________ (V.V.S.RAO, J) 16th September 2011 Note: LR Copy be marked B/O RRB