APHC010495432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 25747 OF 2024 Between: Gujjarlapudi Vimala, W/o Late G.Mohan Rao, Aged about 57 years, Occ: House Wife R/o Dandamudi Village, chilakaluripet mandal, Palnadu district, A.P. Cause title amended as per c.o.dt.28.07.2025 vide I.A.No.1 of 2025 in Writ Petition and Affidavit. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Serratry, Law department, secretariat Velagapudi, Amaravathi, Andhra Pradesh. 2. Mandal Legal Services Committee, Rep by its chairman, narasaraopet, guntur district 3. Lokadalath Bench at Narasaraopet, Presiding Judge II Additional Junior Civil Judge,Narasaraopet, Guntur District 4. Tahsildar, Chilakaluripet mandal,Chilakaluripet,Palnadu district 5. Jonnalagada Padmavathi, W/o. Late Subbarao, D/o.Late G.Ramaiah, Aged 50 years R/o.Kavaur Village,Chilakaluripet mandal,Palnadu district 6. Byrapudi Nagendram, W/o. Anjaneyulu AppapuramVillage,Nadella Mandal, Palnadu district ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate Writ, Order or Direction more particularly one in the nature of Writ of Certiorari any other appropriate writ calling for the records relating to and connected with the award in Lok Adalat Case No. 95 of 2020 dated 26-09-2020 passed by the 3'"'^ Respondent i.e., Presiding Judge Cum II Additional Junior Civil Judge at Narasaraopet as the same is tainted by fraud, misleading illegal, arbitrary, violation of principles of natural justice contrary to the mandatory provisions of the Legal Services Authority Act, R/w Mediation Rules 2003 and against the spirit of Lok Adalat Scheme or and 1987 and consequently to quash the impugned award in Lok Adalat Case No. 95 of 2020 dt. 26-09-2020 passed by the 3rd Respondent i.e.. Presiding Judge Cum, II Additional Junior Civil Judge at Narasaraopet. lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including mutation of names of 5th and 6th Respondents by suspending the operation of the award dt. 26-09-2020 in Lok Adalat Case No. 95 of 2020 passed by 3rd Respondent i.e.. Presiding Judge Cum II Additional Junior Civil Judge at Narasaraopet. Counsel for the Petitioner: SRI GHANTA RAMA RAO REPRESENTING SRI GHANTA SRIDHAR Counsel for the Respondent No.1: GP FOR LAW & LEGISLATIVE AFFAIRS Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent Nos. 5 & 6: SRI SRICHARAN TELAPROLU Counsel for the Respondent Nos. 2 & 3: SRI S LAKSHMINARAYANA REDDY The Court made the following order: 1 RRR, J & JS, J W.P.No.25747 of 2024 A APHC010495432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3541] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No:25747 of 2024 Between: ...PETITIONER Gujjarlapudi Vimala AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner; 1.GHANTASR1DHAR Counsel for the Respondent(S): 1.SRICHARANTELAPROLU 2.S LAKSHMINARAYANA REDDY 2 RRR, J & JS. J W.P.No.25747 of 2024 Court made the following common order: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri Rama Rao Ghanta, learned Senior Counsel representing Sri Ghanta Sridhar, learned counsel appearing for the petitioner, Sri S. Lakshminarayana Reddy, learned counsel appearing for respondents 2 and 3 and Sri Sricharan Telaprolu, learned counsel appearing for respondents 5 and 6. The petitioner herein claims to be the wife of late Sri G. Mohan Rao, who was the brother of respondents 5 and 6. The 5*'^ respondent filed O.S.No.435 of 2017 before the Senior Civil Judge, Narasaraopet, for partition of the plaint schedule property. This suit was filed on the ground that the said property was joint family property and that the 5*^ respondent as well as the 6 respondent would have a share in the said property along with late Sri G. Mohan Rao. 2. th During the course of the said suit Sri G. Mohan Rao passed away on 06.02.2019. Thereafter, respondents 5 and 6 arrived at an understanding between themselves and had approached the Lok Adalat Bench at Narasaraopet, which by an Award compromise between respondents 5 and 6 and permitted partition of the property. According to the agreement between these two respondents. The petitioner herein approached this Court by way of this writ petition for setting aside the said Award on the ground that the Award was 3. dated 26.09.2020, recorded the 4. 3 RRR, J & JS, j W.P.No.25747 of 2024 ' obtained by way of fraud and misrepresentation. It is the case of the petitioner that she is the wife of late Sri G. Mohan Rao, as they had married in 1998 in Tirupathi and that she was deliberately left out of the Award proceedings because respondents 5 and 6 were seeking to knock away the property, which would fall to her share. Respondents 5 and 6 have filed their counter affidavit contending that the petitioner was not married to their brother and that the petitioner actually a Muslim lady and there could not have been any valid Hindu marriage between their brother and the petitioner. The petitioner, in support of her contention that she is the wife of late Sri G. Mohan Rao, has relied upon a settlement deed executed by late Sri G. Mohan Rao, in her favour, on 02.12.2015 vide document No.7848 of 2016 the office of the Joint Sub-Registrar, Chilakaluripet. In this document, late Sri G. Mohan Rao referred to the petitioner as his wife. Sri Sricharan Telaprolu 5. was 6. in 7. learned counsel appearing for respondents 5 and 6 submits that respondents 5 and 6 are aware of the fact that their brother late Sri G. Mohan Rao was cohabiting with the petitioner for a long time. However, respondents 5 and 6 contend that mere cohabitation would not legitimize the alleged marriage between the petitioner and late Sri G. Mohan Rao, as only a marriage carried out in accordance with the provisions of the Hindu Marriage Act, 1955, would entitle the petitioner to any share in the property of late Sri G. Mohan Rao. The learned counsel would RRR, J& JS, J W.P,No.25747 of 2024 also contend that an Award passed by the Lok Adalat can only be set aside on the ground of fraud or misrepresentation. He would submit that there is no fraud or misrepresentation, in as much as, respondent No.5 had amended the plaint in O.S.No.435 of 2017, immediately after the death of late Sri G. Mohan Rao where the fact that the petitioner was living with late Sri G. Mohan Rao was specifically pleaded in the said plaint. Sri Rama Rao Ghanta, learned Senior Counsel, representing Sri Ghanta Sridhar, learned counsel appearing for the petitioner, would contend that the denial of marriage of the petitioner, with late Sri G. Mohan Rao, is a misrepresentation which was carried out by respondents 5 and 6. He would contend that the said misrepresentation would amount to a fraud, which requires the Award to be set aside. The central question before this Court is whether the petitioner married to late Sri G. Mohan Rao and whether the said marriage meets the requirements of the Hindu Marriage Act, 1955. In the event of existence of such a valid marriage, the case of the petitioner would be made out and it would be a case of fraud and misrepresentation by respondents 5 and 6. On the other hand, if the contention of respondents 5 and 6 is correct and there is no valid marriage between the petitioner and late Sri G. Mohan Rao, there would be no misrepresentation or fraud, as the amended plaint specifically stated that the 8. 9. was 10. 5 RRR, J & JS, j W.P.No.25747 of 2024 V petitioner was cohabitating with late Sri G. Mohan Rao, for quite some time before his demise. This leaves the question of whether there was a valid marriage or not, to be decided by this Court. After perusing the material before this Court, it appears that the question of validity of the marriage between the petitioner and late Sri G. Mohan Rao is a question, which requires proper enquiry in the form of a trial and until such enquiry is conducted, it would not be possible for this Court to take a view regarding the validity of the said marriage. In similar circumstances, a Division Bench of the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, in the case of Vadiga Amose vs, Vadiga Anjaneyulu and had taken a view that though a suit cannot ordinarily be filed for setting aside an Award passed by the Lok Adalat, the same would still be permissible if there are such circumstances warranting such a course of action. Following the said judgment, we deem it appropriate to dispose of this writ petition leaving it open to the petitioner to approach an appropriate Court of Civil Jurisdiction for setting aside the Award. Upon such suit being filed, the Civil Court would go into the question of whether there is a valid marriage between the petitioner and late Sri G. Mohan Rao. In the event of a finding that there is a valid marriage, it would be a necessary corollary that the 11. 12. Ors., 13. 2014(12)ALD 676 (DB) 6 RRR, J& JS, J W.P.No.25747 of 2024 Award would have to be set aside on the ground of misrepresentation and fraud. With the above observations, this writ petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. 14. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// 79^ SECTION OFFICER To, 1. The Principal Secretary, Law department, Amaravathi, Guntur District. 2. The Chairman, Mandal Legal Services Guntur District. 3. The Presiding Judge II Additional Junior Civil Judge, Lokadalath Bench at Narasaraopet, Narasaraopet, Guntur District 4. The Tahsildar, Chilakaluripet mandal, Chilakaluripet, Palnadu district 5. One CC to Sri Ghanta Sridhar, Advocate [OPUC] 6. One CC to Sri Sricharan Telaprolu, Advocate [OPUC] 7. One CC to Sri S Lakshminarayana Reddy, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra 9. Two CCs to GP for Law & Legislative Affairs, Pradesh. [OUT] 10. Two CD Copies TF (gsg) secretariat velagapudi Committee, narasaraopet. Pradesh. [OUT] High Court of Andhra HIGH COURT i DATED:28/07/2025 ORDER WP NO. 25747 OF 2024 disposing of the W.P., WITHOUT COSTS