THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY W.P.MP.No.839 of 2008 And W.P.No.28305 of 2007 Dt.21-01-2008 Between: Gurajapu Eswaramma … Petitioner And 1.Siddireddi Veerraju and others … Respondents O R D E R:- (per Hon’ble Sri Justice B.Seshasayana Reddy) This WPMP has been filed by the petitioner seeking leave to challenge the award dated 26.8.2006 passed by the Lok Adalat at Narasapuram in O.S.No.110 of 2006. 2. The respondents 1 and 2 are the owners of the premises bearing Door No.36-3-14 situated at 21st Ward of Palakol Municipal area in an extent of 152-8-121 sq.yards. The third respondent herein filed O.S.No.110 of 2006 for recovery of Rs.7,71,900/- based on the equitable mortgage created by the respondents 1 and 2 herein over the property detailed supra. Pending the suit, a settlement came to be arrived between the parties and, accordingly, an award came to be passed under Section 21 of the Legal Services Authority Act, 1987. As per the terms of the award, the third respondent herein has agreed to receive Rs.6,50,000/- towards full and final settlement of the suit claim and the respondents 1 and 2 have been permitted to pay the amount on or before 31.10.2006. Consequent on failure of R1 and R2 to pay the amount, R3 filed FDIA No.1353 of 2006 and final decree came to be passed on 11.1.2007. Thereafter, R3 filed E.P.No.16 of 2007 for sale of mortgaged property for realization of the decretal debt. The petitioner filed E.A.No.250 of 2007 under Order XXI Rule 58 CPC on the file of Senior Civil Judge, Narsapuram. The said EA ended in dismissal. Thereafter, he chose to approach this Court by invoking the jurisdiction under Article 226 of the Constitution of India to set aside the award dated 26.8.2006 in O.S.No.110 of 2006. He also moved W.P.MP.No.839 of 2008 seeking leave of this Court to challenge the award in O.S.No.110 of 2006. 3. Heard the learned counsel appearing for the petitioner in W.P.MP.No.839 of 2008 and perused the award passed by the Lok Adalat. 4. Learned counsel appearing for the petitioner submits that the petitioner entered into an agreement on 25.10.2004 in respect of the property owned by the respondents 1 and 2 and paid Rs.76,500/- towards part payment and, subsequently, respondents 1 and 2 failed to execute the registered sale deed, and therefore, a suit being O.S.No.82 of 2005 has been filed by the petitioner for specific performance of the agreement of sale. A further submission has been made that respondents colluded together and secured an award in O.S.No.110 of 2006. He also contends that the property has been brought to sale in a collusive award and, therefore, sale of the property has to be stayed. 5. Learned counsel would further contend that the award passed by the Lok Adalat should be a final one, and passing of the preliminary decree is beyond the competency of Lok Adalat. We do not see any substance in his contention since Order XXXIV of CPC which deals with the suits relating to mortgage and immovable property contemplates passing of preliminary decree followed by a final decree. 6. Undisputedly, the petitioner has already filed O.S.No.82 of 2005 for specific performance of agreement of sale in respect of the property owned by respondents 1 and 2 herein. If it is the case of the petitioner that respondents 1 and 2 colluded with the third respondent and got a suit filed to defeat his claim, he is always at liberty to implead the third respondent or any subsequent purchaser as party to the suit, which is already pending adjudication. Therefore, we do not deem it proper to grant leave to the petitioner to challenge the award dated 26.8.2006 passed in O.S.No.110 of 2006. 7. Accordingly, W.P.MP.No.839 of 2008 is dismissed. Since leave to challenge the award dated 26.8.2006 has been refused, the writ petition stands rejected. No costs. ___________________ GHULAM MOHAMMED,J _____________________ B.SESHASAYANA REDDY,J 21st January, 2008 Note: Furnish CC in two days. PNV THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY W.P.MP.No.839 of 2008 And W.P.No.28305 of 2007 21ST January, 2008