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2025 DAILYLAW 11099 (AP)

KALAGA NAGA VISWA MOHAN v. MANDAL LEGAL SERVICE AUTHORITY

WP/7258/2024 · 2025-03-26

K Manmadha Rao, R Raghunandan Rao

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 RRR,J & Dr.KMR,J W.P.No.7258/2024 APHC010127332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 7258/2024 Between: Kalaga Naga Viswa Mohan and Others ...PETITIONER(S) AND Mandal Legal Service Authority and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. G VENKATA SUBBA RAJU Counsel for the Respondent(S): 1. S. LAKSHMINARAYANA REDDY (SC FOR APSLSA) 2. G RAMA GOPAL The Court made the following order: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri G. Venkata Subba Raju, learned counsel appearing for the petitioners, Sri S. Lakshminarayana Reddy, learned Standing Counsel appearing for the 1st respondent and Sri G. Rama Gopal, learned counsel appearing for the respondents 2 and 3. 2 RRR,J & Dr.KMR,J W.P.No.7258/2024 2. Petitioners 2 and 3 are husband and wife. They have three sons, i.e., the 1st petitioner, 2nd and 3rd respondents and one daughter i.e., the 4th petitioner. 3. The 2nd and 3rd respondents had filed O.S.No.85 of 2014, O.S.No.461 of 2015 and O.S.No.462 of 2015, before the XIII Additional District Judge, Gajuwaka, for partition of certain properties. These suits were resisted by the 2nd and 3rd petitioners on the ground that the said properties are their self acquired properties and not the joint family properties. However, all these suits were compromised. On the basis of this compromise, the Lok Adalat, constituted by the Mandal Legal Services Authority, Gajuwaka, passed an award in LAC No.228 of 2022, on 26.06.2022. 4. The petitioners herein, filed E.P.No.26 of 2022 for implementation of the Lok Adalat award. However, the 2nd and 3rd respondents filed a counter in the said Execution Petition contending that the terms of compromise signed by them had been forged and an altered copy of the award has been filed in the Execution Petition. 5. The petitioners herein, on the ground that the 2nd and 3rd respondents are alleging forgery and fabrication of the award, have approached this Court, by way of the present writ petition, for setting aside the award dated 26.06.2022 in LAC No.228 of 2022 passed by the Lok Adalat constituted by the Mandal Legal Services Authority, Gajuvaka. 6. The contention of the petitioners is that the petitioners had agreed to the terms of compromise for settlement of all issues and the continued 3 RRR,J & Dr.KMR,J W.P.No.7258/2024 refusal of the 2nd and 3rd respondents to close all disputes by raising grounds of forgery and fabrication of the award, has been done for the purpose of grabbing the entire property belonging to the 2nd and 3rd petitioners and as such it would be appropriate if the award is set aside and all the parties are relegated to the Civil Court again. 7. An award passed by a Lok Adalat would amount to a decree, by virtue of Section 19 of the Legal Services Authority Act, 1987. Such an award / decree can be set aside only in the event of fraud, misrepresentation or coercion invalidating the said award. In the present case, no such allegation is made by the petitioners. 8. It is not the case of the petitioners that the award has been fabricated or that the signatures on the award were forged. In such circumstances, the impugned award cannot be set aside on the ground that the other parties to the award are disputing their signatures on the terms of compromise and also the award. 8. For all the above reasons, this writ petition is dismissed. There shall be no order as to costs.As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ______________________________ Dr. K MANMADHA RAO, J Js. 4 RRR,J & Dr.KMR,J W.P.No.7258/2024 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION No.7258 of 2024 (per Hon’ble Sri Justice R Raghunandan Rao) 26th March, 2025 Js.