IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10554 of 2008 Between: Vemisetty Anjamma, w/o. Vemisetty Pullaiah, R/o. Flat No. 203-B, Siddartha Apartments, Ganesh Nagar, Opp. T.V. Studio Road, Ramanthapur, Hyderabad - 500 013. ..... PETITIONER AND 1 Neeli Guravaiah, S/o. Late N. Venkateswarlu, R/o. Gaddalaguntapalem, Ongole, Prakasam Dsitrict. 2 Neeli Sambaiah, S/o. Late N. Guravaiah, R/o C/o. Neeli Venkateswarlu, Chintalatopu, Near Water Tank, Lawyerpeta, Ongole, Prakasam Dsitrict. 3 Neeli Venkateswarlu, S/o. Late Guravaiah, R/o. Chintalatopu, Near Water Tank, Lawyerpeta, Ongole, Prakasam Dsitrict. 4 Neeli Venkat Rao, S/o. Late N. Guravaiah, R/o. Chintalatopu, Near Water Tank, Lawyerpeta, Ongole, Prakasam Dsitrict. 5 Neeli Hari, S/o. Late N. Guravaiah, R/o. Chintalatopu, Near Water Tank, Lawyerpeta, Ongole, Prakasam Dsitrict. 6 Neeli Prasad, S/o. Late N. Guravaiah, R/o. C/o. Neeli Venkateswarlu, R/o. Chintalatopu, Near Water Tank, Lawyerpeta, Ongole, Prakasam Dsitrict. 7 Neeli Srinivasa Rao, S/o. Late N. Guravaiah, R/o. C/o. Neeli Venkateswarlu, R/o. Chintalatopu, Near Water Tank, Lawyerpeta, Ongole, Prakasam Dsitrict. 8 Neeli Papaiah, S/o. Late Neeli Venkaiah, R/o. C/o. Neeli Nageswar Rao, STD Booth, Nagar Market Centre Kotavari Street, (Tunfan Nagar), 14th Ward Bapatla, Guntur District. 9 Neeli Nageswara Rao, S/o. Late N. Venkaiah, R/o. STD Booth, Near Nagar Market Centre Kotavari Street, (Tunfan Nagar), 14th Ward Bapatla, Guntur District. 10 Neeli Mala Kondaiah, S/o. Late N. Venkaiah, R/o. Kotavari Street, (Tunfan Nagar), 14th Ward Bapatla, Guntur District. 11 Ilavala Linga Reddy, s/o. Venkat Reddy, Amrutha Real Estate, Opp to Power Office, Kurnool Road, Ongole, Prakasam District. 12 Ilavala Venkataswamy Reddy, s/o. Venkat Reddy, Amrutha Real Estate, Opp to Power Office, Kurnool Road, Ongole, Prakasam District. 13 Pidugu Sivareddy, S/o. Koti Reddy, Amrutha Real Estate, Opp to Power Office, Kurnool Road, Ongole, Prakasam District. 14 The Secretary, S/o. Koti Reddy, Amrutha Real Estate, Opp to Power Office, Kurnool Road, Ongole, Prakasam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue Writ, order or direction more particularly one in the nature of Writ of Certiorari and call for the records pertaining to O.S. N. 253 of 2005 on the file of the principal Junior Civil Judge, Ongole and set- a-side the award passed by the Lok Adalat dated 24-3-0006 declaring that the same is illegal, arbitrary, violative of well settled principles of law and consequently quash the same and to pass Counsel for the Petitioner:MR.CHALLA AJAY KUMAR Counsel for the Respondent No.: . The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed in the nature of Writ of Certiorari calling for the records pertaining to O.S.No. 253/2005 on the file of the Principal Junior Civil Judge, Ongole and seeking to set aside the award passed by the Lok adalat dated 24.3.2006 declaring the same as illegal and arbitrary. The learned counsel appearing for the petitioner submits that earlier he filed O.S.No. 253 of 2005 before the Principal Junior Civil Judge, Ongole and the matter was referred to the Lok Adalat under Section 21 of the Legal Services Authority Act, 1987 and an award was passed by the Lok Adalat under Section 21(1) r/w Section 25 of the Legal Services Authority Act, 1987, pursuant to which the parties have entered into a compromise and memorandum of compromise was recorded and the respective advocates affixed their signatures on the award passed by the Lok Adalat. The contention of the petitioner is that he is not a party to the suit or to the award passed by the Lok Adalat but by virtue of compromise the parties have included his share. We are unable to accept this contention inasmuch as he is not a party to the suit and also proceedings of the award. Therefore, it does not bind him and he has to file a separate suit seeking partition claiming his share in respect of the suit schedule property along with an interlocutory application seeking an injunction stating that pending disposal of the suit not to take any coercive steps and not to alienate the property. In the circumstance, the Writ Petition is dismissed. There shall be no order as to costs. However, this order does not preclude the petitioner from filing a separate suit. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 30.03.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CD copies