INDIA PADMA Vs. DISTRICT LEGAL SERVICE AUTHORITY

JUDGEMENT

(1.) Challenge in the present Writ Petition is to the Award, dtd. 7/10/2005, passed by the Lok Adalat, Kanigiri, Prakasam District in O.S.No.117 of 2003. The petitioners herein are the third parties to O.S.No.117 of 2003 instituted by one Smt Kopparapu Narasamma against one Sri Sunke Peda Venkateswarlu and five others. Smt Kopparapu Narasamma instituted the said suit for permanent injunction. The petitioners 1 to 8 claim to be the legal representatives of defendants 1 and 4 in the said suit and the petitioners 9 and 10 claim to be the purchasers of the schedule property from the defendants 1 and 3 and the legal representatives of the defendants 1 and 4 in O.S.No.117 of 2003.

(2.) According to the petitioners, petitioners 9 and 10 purchased an extent of 2710 square yards in Survey No.322/1 of Pamur Village and Mandal, Prakasam District by way of a registered sale deed, dtd. 5/6/2014. It is submitted that when the petitioners 1 and 2 wanted to deliver the subject property to the petitioners 9 and 10, an obstruction was made by B.S.R. Educational Society and the same prompted the petitioners 9 and 10 to institute O.S.No.51 of 2017 in the month of March, 2017 on the file of the Court of the I Additional District Judge, Ongole against the respondents 2 to 4, who are the legal representatives of the plaintiff in O.S.No.117 of 2003 and one Bijjam Usha, for the reliefs of the declaration of title and for possession. According to the petitioners, they came to know of the impugned Award, dtd. 7/10/2005 in O.S.No.117 of 2003 for the first time on 28/8/2017 on receipt of a written statement filed in O.S.No.51 of 2017 from the respondents 1 to 4 therein. Alleging fraud on the part of the respondents 2 to 4, the present Writ Petition is filed, questioning the Lok Adalat Award, dtd. 7/10/2005, in O.S.No.117 of 2003.

(3.) A counter affidavit deposed by the 2nd respondent is filed on his behalf and on behalf of the respondents 3 and 4, denying the allegations and averments made in the affidavit filed in support of the Writ Petition.