Sanjay Kumar Jaiswal v. The Presiding Officer

t 33401 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO AND THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 46532 OF 2022 Between:

Sanjay Kumar Jaiswal, son of Surya Pratap, aged about 55 years, occ: Business, rlo 4-2400 to 409, Sultan Bazar, Hyderabad.

..PET|T|ONER AND

1. The Presiding Officer, Special Lok Adalat Bench, City Civil Court Legal Services Authority, Hyderabad.

2. Suresh Kumar jaiswal, s/o Suryapratap, aged about 54 years, Occ. Retd. Govt. Employee, ilo 34-8021208, Mahati Niketan Apartments, Barkatpura, Hyderabad:

3. Kushal Jaiswal, s/o Suresh Kumar Jaiswal, aged about 21 years, Occ. Sludent r/o Flat No. 208, 34-802, Mahatiniketan Apartments, Barkatpura, Hyderabad.

4. Kushal Constructions, rep. by its Proprietrix, Smt. Kanchan Lata Wo Sri Suresh Kumar, aged about 46 years, Household r/o Flat No, 208, H.No. 3-4802, Mahati Niketan Apartments, Barkatpura, Hyderabad. ...RES'ONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Writs more appropriately a Writ of Mandamus declaring: i) the Award in LAC No.443l2012 in O.S.No.169 of 2010 passed by 4tt{*r the Respondent No.1 dated 18t}t2o12 on the basis of the compromise and decreeing the suit in terms of compromise and the consequent decree therein is a result of fraud and misrepresentation, as null and void, ii) the Award in LAC No. 45812012 in O.S.No.669 of 2010 passed by the Respondent No. l dated 251812012 on the basis of the compromise and dismissing the suit in terms of compromise is a result of fraud and misrepresentation, as null and void, i

iii) the Award in O.S.No.2813 of 201 1 passed by the Respondent No. the suit in terms of compromise is a result of fraud and misrepresentation, as null and void and lA NO: 1 OF 2022 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 the Awards in LAC No. 44312012 in O,S.No.169 of 2010 passed by the Respondent No.'1, L.A.C No. 458 oi 2012 in O.S.No.689 ot 2O1O passed by the Respondent No.1 and the Award in O.S. No. 2813 of 2011 passed by the Respondent No. I , pending disposal of the Writ Petition. Counsel for the Petitioner: SRl. AHMED KHAN Counsel for the Respondent No.l: SRI J. ANIL KUMAR (SC FOR TSHC) Counsel for the Respondent Nos.2 to 4: NONE APPEARED The Court made the following: ORDER

) THE HON'BLE SRI JUSTICE P.NAVEEN RAO AND THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT PETITION No.46532 OF 2o22 ORAL ORDER: (Per Hon'ble P. Naueen Rao, J) [,earned counsel for the petitioner, seeks permission of this Court to withdraw the Writ Petition with liberty to file a fresh writ petition challenging the Lok Adalat Award. Granting the said liberty, the Writ Petition is dismissed as withdrawn.

Pending miscellaneous petitions, if any, shall stand closed.

SD'-P.PADMANABHA REDDY ASSISTANT REGISTRAR SECT(dKOFFICER /ffRUE COPY// to'', On" CC to SRI AHMED KHAN Advocjrte]gil'lgl .

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{ HIGH COURT DATED:31 10112023 .] g"rATE 5 tt rtB o ",ii1

ORDER

*_ W.P.No.46532 of 2022 j-.:::.:- r-- l DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS i .[:

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