Madineni Anasuyamma, Anantapur Dist. v. Pacha Sarojamma, Anantapur Dist., And 13 Otrs.

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.28557 of 2017 Date:26.07.2018 Between:

Madineni Anasuyamma, W/o Venkataramanappa .....Petitioner And:

Pacha Sarojamma, W/o Late P.Ramaiah and 13 others.

.....Respondents Counsel for the petitioner: Sri Narasimhulu Parise Counsel for respondent No.1: Sri P.Narahari Babu Counsel for respondent Nos.2, 3, 5, 6 & 13: Sri M.Solomon Raju Counsel for respondent Nos.9 & 12: Sri Seshadri Golla Counsel for respondent No.14: Sri J.Anil Kumar Counsel for respondent Nos.4, 7, 8, 10 & 11: None appeared The Court made the following:

CVNR, J & GSP, J WP.No.28557 of 2017 Dt:26.7.2018 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of Certiorari to quash award, dated 04.3.2017, passed by respondent No.14 in O.S.No.55 of 2008.

We have heard Mr. Narasimhulu Parise, learned counsel for the petitioner, Mr. Solomon Raju, learned counsel for respondent Nos.2, 3, 5, 6 & 13, Mr. Golla Seshadri, learned counsel for respondent Nos.9 and 12 and Mr. J.Anil Kumar, learned Standing Counsel for A.P. Legal Services Authority, appearing for respondent No.14.

The grievance of the petitioner, who is defendant No.6 in O.S.No.55 of 2008 on the file of the Junior Civil Judge, Penukonda, is that without notice to her and behind her back, the afore-mentioned suit filed by respondent Nos.1 to 3 for partition was allowed to be compromised and the impugned Lok Adalat award was passed.

A perusal of the impugned Lok Adalat award shows that apart from the plaintiffs, only defendant Nos.2, 3 and 11 have signed the same.

Mr. Solomon Raju, learned counsel for respondent Nos.2, 3, 5, 6 & 13, fairly admitted this position.

In our opinion, it is not permissible for the Lok Adalat to pass an award unless all the parties before it give their consent and join in the passing of the award by signing the same and

CVNR, J & GSP, J WP.No.28557 of 2017 Dt:26.7.2018 that too, in a partition suit where every defendant has the status of plaintiff. Therefore, the impugned Lok Adalat award is not sustainable and the same is accordingly quashed. The suit shall be restored to its file to be disposed of on merits. The Writ Petition is, accordingly, allowed.

As a sequel to disposal of the Writ Petition, WPMP.No.35577 of 2017 filed for interim relief shall stand dismissed.

___________________________ JUSTICE C.V.NAGARJUNA REDDY _____________________________ JUSTICE GUDISEVA SHYAM PRASAD 26th July, 2018 DR