APHC010313362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION Nos.: 15552, 15679 & 15684/2024 WRIT PETITION NO: 15552/2024 Between: 1. SHAIK ASHA LATHA, W/O VANKADARU HARIKRISHNA, AGED 36YRS R/O D.NO.74-24-24/1, DHANEKULAVARI VEEDHI, ASHOK NAGAR, VIJAYAWADA. 2. VANKADARU HARIKRISHNA, S/O SUBHASHCHANDRA BOSE, AGE 43 YRS R/O D.NO.74-24-24/1, DHANEKULAVARI VEEDHI, ASHOK NAGAR, VIJAYAWADA.. ...PETITIONER(S) AND 1. THE LOK ADALAT BENCH CUM III ADDL SENIOR CIVIL JUDGE, III ADDL.SENIOR CIVIL JUDGE, VIJAYAWADA. 2. M/S MAHALAKSHMI AUTO VENTURES, REP BY ITS MANAGING PARTNER, ADUSUMILLI MOHANA RAMADAS S/O LATE KRISHNA MOHANA RAO, AGE 67 YRS, R/O D.NO.40-26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA 3. ADUSUMILLI SUKUNTHA MOHANNANDU, S/O MOHAN RAM DAS, AGE 37YRS, R/O D.NO.40-26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA 4. AKKERA NAGARANI, AGE 42 YRS W/O NOT KNOWN O/O D.NO.40- 26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, 2 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 VENKATESWARAPURAM, VIJAYAWADA 5. RAMISETTY RAMA KRISHNA, AGE 40YRS S/O NOT KNOWN R/O D.NO.40-26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA 6. RAMAYAPU KOTESWARA RAO, S/O LATE PRASAD, AGE 38YRS, R/O D.N0.59A-21/7-1/3, KANAKADURGA COLONY, R.R.GARDENS, PANTAKALUVA ROAD, PATAMATA, AUTONAGAR, VIJAYAWADA ...RESPONDENT(S): 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 topleased to Issue Order, Direction more particularly one in the nature of Writ of Mandamus declare the Compromise Decree passed by Lok Adalat made in Case No.1778/2021 Dt.11/09/2021 in O.S.NO.97/2018 on the file of III Addl.Senior Civil Judge,Vijayawada as Illegal and violative of Terms of Compromise and consequently suspend the Compromise Decree passed by Lok Adalat made in Case No. 1778/2021 Dt.11/09/2021 in O.S.NO.97/2018 on the file of III Addl.Senior Civil Judge,Vijayawada and pass IA NO: 1 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 pleased to Stay of all further proceedings includingthe execution and operation of the Decree passed by Lok Adalat made in Case No.1778/2021 Dt.11/09/2021 in O.S.NO.97/2018 on the file of III Addl.Senior Civil Judge,Vijayawada pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. J RAVI KUMAR Counsel for the Respondent(S): 1. S LAKSHMINARAYANA REDDY 2. M R K CHAKRAVARTHY 3 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 WRIT PETITION NO: 15679/2024 Between: 1. VANKADARU HARIKRISHNA, S/O SUBHASHCHANDRA BOSE, AGE 43 YRS R/OD.NO.74-24-24/1, DHANEKULAVARI VEEDHI, ASHOK NAGAR, VIJAYAWADA. 2. SHAIK ASHA LATHA, W/O VANKADARU HARIKRISHNA, AGED 36YRS R/O D.NO.74-24-24/1, DHANEKULAVARI VEEDHI, ASHOK NAGAR, VIJAYAWADA ...PETITIONER(S) AND 1. THE LOK ADALAT BENCHCUM II ADDL JUNIOR CIVIL JUDGE, CIVIL COURTVIJAYAWADA. 2. RAMAYAPU KOTESWARA RAO, S/O LATE PRASAD, AGE 38YRS, R/O D.N0.59A-21/7-1/3, KANAKADURGA COLONY, R.R.GARDENS, PANTAKALUVA ROAD, PATAMATA, AUTONAGAR, VIJAYAWADA 3. RAMISETTY RAMA KRISHNA, AGE 40YRS S/O NOT KNOWN R/O D.NO.40-26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA 4. AKKERA NAGARANI, AGE 42 YRS W/O NOT KNOWN O/O D.NO.40- 26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA 5. ADUSUMILLI SUKUNTHA MOHANNANDU, S/O MOHAN RAM DAS, AGE 37YRS, R/O D.NO.40-26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA 6. M/S MAHALAKSHMI AUTO VENTURES, REP BY ITS MANAGING PARTNER, ADUSUMILLI MOHANA RAMADAS S/O LATE KRISHNA MOHANA RAO, AGE 67 YRS, R/O D.NO.40-26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA ...RESPONDENT(S): 4 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 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 topleased to Issue Order, Direction more particularly one in the nature of Writ of Mandamus declare the Compromise Decree passed by Lok Adalat made in Case No.1488/2021 Dt.16/07/2021 in O.S.NO. 126/2018 on the file of II Addl.Junior Civil Judge,Vijayawada as illegal and violative of Terms of Compromise and consequently suspend the Operation of Compromise Decree passed by Lok Adalat made in Case No.1488/2021 Dt.16/07/2021 in O.S.NO.126/2018 on the file of II Addl.Junior Civil Judge,Vijayawada, IA NO: 1 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 pleased to Stay of all further proceedings including the execution & operation of the Decree passed by Lok Adalat made in Case No. 1488/2021 Dt. 16/07/2021 in O.S.NO. 126/2018 on the file of II Addl.Junior Civil Judge,Vijayawada. pending disposal of the above writ petition Counsel for the Petitioner(S): 1. J RAVI KUMAR Counsel for the Respondent(S): 1. S LAKSHMINARAYANA REDDY 2. M R K CHAKRAVARTHY WRIT PETITION NO: 15684/2024 Between: 1. VANKADARU HARIKRISHNA, S/O SUBHASHCHANDRA BOSE, AGE 43 YRS, R/O D.NO.74-24-24/1, DHANEKULAVARI VEEDHI, ASHOK NAGAR, VIJAYAWADA. 2. SHAIK ASHA LATHA,, W/O VANKADARU HARIKRISHNA, AGED 36YRS R/O D.NO.74-24-24/1, DHANEKULAVARI VEEDHI, ASHOK NAGAR, VIJAYAWADA. ...PETITIONER(S) AND 5 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 1. THE LOK ADALAT BENCH CUM IST ADDL JUNIOR CIVIL JUDGE, COURTS COMPLEX VIJAYAWADA. 2. RAMAYAPU KOTESWARA RAO, S/O LATE PRASAD, AGE 38YRS, R/O D.N0.59A-21/7-1/3, KANAKADURGA COLONY, R.R.GARDENS, PANTAKALUVA ROAD, PATAMATA, AUTONAGAR, VIJAYAWADA 3. RAMISETTY RAMA KRISHNA, , AGE 40YRS S/O NOT KNOWN R/O D.NO.40-26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA 4. AKKERA NAGARANI, AGE 42 YRS W/O NOT KNOWN O/O D.NO.40- 26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA . 5. ADUSUMILLI SUKUNTHA MOHANNANDU, S/O MOHAN RAM DAS, AGE 37YRS, R/O D.NO.40-26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA 6. M/S MAHALAKSHMI AUTO VENTURES, REP BY ITS MANAGING PARTNER, ADUSUMILLI MOHANA RAMADAS, S/O LATE KRISHNA MOHANA RAO, AGE 67 YRS, R/O D.NO.40-26/1-15, SRI RAM NAGAR, BESIDE MAHITHA PUBLIC SCHOOL, VENKATESWARAPURAM, VIJAYAWADA. ...RESPONDENT(S): 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 tomay be pleased to issue an Order, Direction, and more particularly one in the nature of Writ of Mandamus declare the Compromise Decree passed by Lok Adalat made in Case No.1489/2021 Dt.16/07/2021 in O.S.NO.107/2018 on the file of I Addl.Junior Civil Judge, Vijayawada as illegal and violative of the terms of compromise and consequently suspend the operation of the Compromise Decree passed by Lok Adalat made in Case No.1489/2021 Dt.16/07/2021 in O.S.NO. 107/2018 on the file of I Addl.Junior Civil Judge, Vijayawada, and pass such IA NO: 1 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 6 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 may be pleased to Stay of all further proceedings on or the execution & operation of the Decree passed by Lok Adalat made in Case No.1489/2021 Dt.16/07/2021 in O.S.NO.107/2018 on the file of I Addl.Junior Civil Judge, Vijayawada pending disposal of the above writ petition and pass such Counsel for the Petitioner(S): 1. J RAVI KUMAR Counsel for the Respondent(S): 1. S LAKSHMINARAYANA REDDY 2. M R K CHAKRAVARTHY 7 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 The Court made the following Common Order: (per Hon’ble Sri Justice R. Raghunandan Rao) As all these Writ Petitions arise out of the same set of facts and the awards passed by the Lok Adalat, they are being disposed of by way of this common order. 2. The 1st petitioner in W.P.Nos.15679 of 2024 and 15684 of 2024 is the husband of the 1st petitioner in W.P.No.15552 of 2024. The 1st petitioner in W.P.No.15679 of 2024 was the owner of 600 Sq.yds of land and the 1st petitioner in W.P.No.15552 of 2024 was the owner of 400 Sq.yds of land. Both these extents of land were combined and formed an extent of 1000 Sq. yds. These plots were situated in plot Nos.19 & 20 of Block No.CXII, in R.S.No.151/2 of Jawahar Auto Nagar, Vijayawada. 3. The Writ Petitioners are said to have executed deeds of sale in favour of the private respondents in these Writ Petitions. Subsequently, the respondents, more specifically, M/s. Mahalakshmi Auto Ventures had filed O.S.No.107 of 2018 before the learned I Additional Junior Civil Judge, Vijayawada and O.S.No.97 of 2018 before the learned III Additional Senior Civil Judge, Vijayawada, for an injunction restraining the petitioner in W.P.No.15679 of 2024 and the petitioner in W.P.No.15552 of 2024 respectively from interfering with the possession of the land that is said to have been purchased by them. Similarly, the 2nd respondent filed O.S.No.126 of 2018 before the learned II Additional Junior Civil Judge, Vijayawada against 8 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 both the writ petitioners for similar reliefs. The said litigation is said to have continued for some time and some of the Interlocutory Applications were also challenged before this Court. Be that as it may, the parties arrived at a compromise in all the three cases and the same came to be referred to the Lok Adalat constituted by the Mandal Legal Services Committee at Vijayawada. The details of the lok adalat cases and the suits are contained in the table set out below: W.P.No. Suit No. Lok Adalat Case No. 15552 of 2024 O.S.No.97 of 2018 L.A.C.No.1778 of 2021 15679 of 2024 O.S.No.126 of 2018 L.A.C.No.1488 of 2021 15684 of 2024 O.S.No.107 of 2018 L.A.C.No.1489 of 2021 4. The terms of compromise entered between the parties were placed before the Lok Adalat and awards, in L.A.C.No.1488 of 2021 dated 16.07.2021, L.A.C.No.1489 of 2021 dated 16.07.2021 and L.A.C.No.1778 of 2021 dated 11.09.2021 came to be passed. The terms of the compromise as recorded in the Lok Adalat awards were essentially that the writ petitioners would pay the following amounts of money as set out in the table below: W.P.No. Lok Adalat Case No. Amount (Rs.) 15552 of 2024 L.A.C.No.1778 of 2021 Rs.1,67,50,000/- 15679 of 2024 L.A.C.No.1488 of 2021 Rs.60,00,000/- 15684 of 2024 L.A.C.No.1489 of 2021 Rs.67,50,000/- 9 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 5. Upon such payments, the private respondents, who are party to the Lok Adalat awards, were to execute deeds of sale either in favour of the writ petitioners or their nominees and also to return the securities that are said to be in the possession of the respondents. 6. The writ petitioners, after the said Lok Adalat awards have been passed, have approached this Court by way of the present set of Writ Petitions. 7. The contention of the writ petitioners in the present set of writ petitions is that they had got ready with the necessary money and had called upon the respondents to come forward with all the securities which were in their possession. However, the respondents did not come forward with the securities and as such the awards stand vitiated. 8. Sri J. Ravi Kumar, learned counsel appearing for the petitioners would contend that the property had never been sold to the respondents and they only had given as security by the writ petitioners. He would further submit that the writ petitioners have believed the respondents and had executed deeds of sale transferring property only as a form of security and the said transaction was a sham transaction, which was not valid. He would further submit that, in such circumstances, the respondents herein have successfully convinced the petitioners to enter into these terms of compromise and the said respondents were never interested in complying with the said terms of compromise. 10 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 9. Sri M.R.K. Chakravarthy, learned counsel appearing for the private respondents, on the other hand, would contend that the terms of compromise were clear and the writ petitioners have failed to adhere to the said compromise and have now chosen to approach this Court more than two years after the Lok Adalat awards had been passed. He would submit that there is no dispute that the writ petitioners had entered into these terms of compromise willfully and that there was no coercion or undue influence on them, in any manner. He would further submit that the respondents had been ready and willing to accept the amounts payable by the writ petitioners within the time stipulated under the award. He would submit that the writ petitioners cannot seek implementation of such awards when they have not complied with the terms contained in the Lok Adalat award. 10. A perusal of the affidavits filed in the writ petitions would show that there is no allegation of undue influence or coercion by the private respondents over the writ petitioners. The primary contention of the writ petitioners is that the respondents had not adhered to the terms of the compromise and as such the compromise would have to be set aside. 11. It is settled law that the Lok Adalat award, recorded on the basis of the compromise arrived at between the parties cannot be set aside unless it is shown to the Court that there has been coercion or undue influence which vitiates the award. In the present case, non-implementation of the award cannot be the ground to set aside the award. Further, no material has been 11 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 placed before this Court to show that the petitioners had offered to pay such amounts and that the respondents had not accepted such payments. Another aspect which needs to be seen is the fact that these Writ Petitions have been filed more than two years after the award had been passed and the period given for payment had elapsed. 12. In the circumstances, this Court does not find any reason to interfere with the said award and the Writ Petitions are accordingly, dismissed. 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: 30.12.2025 MJA 12 RRR, J & TCDS, J W.P.No.15552 & batch of 2024 209 THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION Nos.: 15552, 15679 & 15684/2024 (per Hon’ble Sri Justice R. Raghunandan Rao) 30.12.2025 MJA