KANITHI APPALA SURYANARAYANA Vs. KANITHI GANAPATHI RAO

JUDGEMENT

(1.) THIS revision petition has been filed by a third party challenging the order of the lower Court dated 17-10-2005 in I. A. No. Nil of 2005 in O. S. No. 240 of 2003.

(2.) AN application was filed before the District Legal Services Authority-cum-II Additional Senior Civil Judge, Visakhapatnam, by the parties to O. S. No. 240 of 2003 except the petitioner for recording compromise in the said suit. It was referred to Lok Adalat and the Lok Adalat passed an award on 25-06-2003 recording the compromise in O. S. No. 240 of 2003. After coming to know about the compromise decree, the petitioner filed the above I. A. praying to set aside the said award by contending that the plaintiff in the said suit played fraud on him by colluding with the second defendant and claiming that the petitioner is the adopted son of the deceased - first defendant and the plaintiff is not related to the first defendant. He filed documents in support of his case and requested the said Court to set aside the award passed by the Lok Adalat. After hearing the petitioner, the Court passed the following order on 17-10-2005:

(3.) BEING aggrieved by the said order, the present revision petition has been filed by the petitioner contending that the Court below failed to consider the submissions made on behalf of the petitioner in proper perspective that the observation of the lower Court that the application is not maintainable is contrary to the principles of law. The Court below ought to have entertained and decided the matter on merits without coming to a conclusion that the application is not maintainable.