APHC010286182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY,THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14430/2025 Between: 1. KODALI NIRMALA, W/O JETTI NAGESWARA RAO, AGED 55YRS, OCC- PHN NURSE IN KANUMURU PHC, PAMARRU MANDAT, KRISHNA DISTRICT, R/O D.NO5-4, OLD D.NO 4-238, SITUATED IN R.S NO 103-3A, PEDA AVUTPALLI VIILAGE, UNGUTURU MANDAL, KRISHNA DISTRICT- ...PETITIONER AND 1. THE LOK ADALAT BENCH VIJAYAWADA, CONSTITUTED BY MANDAI LEGAL SERVICES COMMITTEE, VIJAYAWADA, REP BY PRESIDING OFFICER -CUM- VTH AG A JUDGE, VIJAYAWADA. 2. DASARI IZAK, S/O SUBBA RAO, AGED 50YRS, OCC- NOT KNOWN TO THE PETITIONER, R/O D.NO 51-5-/3-2, GEETHA NAGAR, KRISHNA LANKA, VIJAYAWADA. 3. JETTI NAGEESWARA RAO, S/O RAMULU, AGED 49YRS, OCC- REGULAR MULTI-PURPOSE HEALTH ASSISTANT (MALE), NUNNA PHC, R/O D.NO 1-110/1,1ST FLOOR, 6TH LANE, OPP- H.P GAS GODOWN, AMBAPURAM VILLAGE, NEAR PIPULA ROAD, VIJAYAWADA RURAL, NTR DISTRICT-520012. ...RESPONDENT(S): 2 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Award dated 8.3.2025 passed by the 1st Respondent/ The Lok Adalat Bench Vijayawada in Lok Adalat Case No 892 of 2025 which arose from E.P No 377/2024 in OS No 2359 of 2023 on the file of V Additional Civil Judge (Junior Division) at Vijayawada in favour of 2 Respondent in playing fraud with active collusion of respondent3 and 2 coupled with suppressing of the facts in so far pendency of cases in between the petitioner and 3rd respondent as null and void, violation of the principles of natural Justice, untenable, and Violation of Articles 21 and 300A of the Constitution of India and consequently set aside the same and pass IA NO: 1 OF 2025 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 suspend the operation of Award dated 8.3.2025 passed by the 1st Respondent/ The Lok Adalat Bench: Vijayawada in Lok Adalat Case No 892 of 2025 which arose from E.P No 377/2024 in OS No 2359 of 2023 on the file of V Additional Civil Judge (Junior Division) at Vijayawada pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. K INDIRA GOLDA Counsel for the Respondent(S): 1. S. LAKSHMINARAYANA REDDY (SC FOR APSLSA) 2. S BALA MOHAN RANGA 3. P S P SURESH KUMAR 3 The Court made the following ORDER: (per Hon’ble Sri Justice R Raghunandan Rao) Heard the learned counsel for the petitioner and Sri P S P Suresh Kumar, learned counsel appearing for the respondents. 2. The petitioner herein has approached this Court being aggrieved by the award dated 08.03.2025 passed by the 1st respondent Lok Adalat Bench, Vijayawada in Lok Adalat Case No.892 of 2025, and the subsequent proceedings in E.P.No.377 of 2024 in O.S.No.2359 of 2023 on the file of the V Additional Civil Judge (junior Division) At Vijayawada. 3. The case of the petitioner is that the petitioner and the 3rd respondent were married on 06.06.1994, and have two children. After living together for sometime, differences arose between the petitioner and the 3rd respondent, resulting in a settlement that is said to have been reduced to an agreement dated 11.09.2023. Under this settlement, the petitioner was entitled to stay in a house property situated at Peda Avutapalli Village, Ungutur Mandal, Krishna District. However, the petitioner had to clear the loan taken on the said property. Upon payment of the said loan, the property would be transferred to the petitioner. It was further stipulated that the rents accruing from the said property would be collected by the petitioner herself. 4. The petitioner further contends that the 3rd respondent with a view to wriggle out of this understating set up the 2nd respondent to file O.S.No.2359 of 2023 before the V Additional Civil Judge (Junior Division), Vijayawada with 4 the claim that the 3rd respondent had taken an amount of Rs.3.00 lakhs as loan and was due for an amount of Rs.4,48,000/- on account of the principal and interest not being paid. The suit was decreed ex parte. Thereafter, E.P.No.377 of 2024 came to be filed before the V Additional Civil Judge (Junior Division), Vijayawada for recovery of the said amount. At that stage, a compromise was recorded between the respondents 2 and 3. Under this compromise, it is claimed that the 3rd respondent agreed to sell the house in Peda Avutapalli to the 2nd respondent by adjusting the amounts due from him and on payment of an additional amount of Rs.2.00 lakhs. 5. The petitioner approached this Court, being aggrieved by these proceedings and on the ground that she was forcibly dispossessed from the said property even without the process of the Court. She would further contend that the 3rd respondent had already filed O.S.No.124 of 2024 before the Principal Civil Judge (Senior Division), Vijayawada for declaration of title over the said property. she would submit that these proceedings were suppressed in the proceedings before the Lok Adalat and the entire exercise had been conducted for the purpose of throwing out the petitioner from the property. 6. The respondents 2 and 3 have filed their counter-affidavits. The contention of the 2nd respondent is that he was not aware of these proceedings and is only concerned with the amount due to him. He further contends that it was on account of the 3rd respondent offering the property as 5 payment for the unrealized debt that the 2nd respondent had moved forward to get the property transferred to himself. The petitioner does not have any title over the said property. 7. The 3rd respondent has also filed a counter-affidavit contending that the property belongs to him and that the said agreement, relied upon by the petitioner, was not acted upon by the petitioner and consequently, she was not entitled to make any claim about the said property. 8. During the course of the present writ petition, the respondents have put the petitioner back in possession of the house in Peda Avutapalli. To that extent, no orders are required from this Court. 9. As far as the claim of the petitioner with regard to the above said properties, these are the claims which require a proper hearing and appropriate proceedings i.e., E.P.No.377 of 2024, pending before the V Additional Civil Judge (Junior Division), Vijayawada and O.S.No.124 of 2024 before the Principal Civil Judge (Senior Division), Vijayawada. 10. In the circumstances, this Writ Petition is disposed of leaving it open to the petitioner to take appropriate steps for bringing the two proceedings before one Court and for making her claim over the property before the said court. Needless to say, the possession of the petitioner, over the property, shall not be disturbed, till a decision has taken in the proceedings. It is also 6 recorded that the Award shall not be binding on the petitioner inasmuch as she was not a party to the said Award. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 13.10.2025 KA 7 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14430/2025 Date: 13.10.2025 KA