HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.19313 of 2003 Dated this the 28th day of January, 2008 Between: Chandaluri Brahmaiah, S/o. Venkateswarlu, Age: 52 years, R/o. Chinayarukapadu village, Gudivada Mandal, Krishna District. … Petitioner AND The Taluq Legal Services Authority, Gudivada, rep.by its Chairman and 3 others … Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU W.P.No.19313 of 2003 ORDER: This Writ Petition has been filed by the petitioner seeking to set aside the Award, dated 17.11.2001 in O.S.No.459 of 2001 passed by the Lok Adalat, Gudavada, on the ground that it is a collusive Award passed at the instance of plaintiffs and the defendant without impleading the petitioner as one of the parties to the suit and he is not signatory to the compromise before the Lok Adalat, therefore, he sought for declaration that the Award passed by the Lok Adalat is illegal and arbitrary and not enforceable under law. 2) The petitioner claims that he is the brother’s son of the plaintiffs and the defendant. His father inherited some property from his grandfather along with the paternal uncles. Therefore, he is also a necessary party to the partition suit filed by the plaintiffs against the defendant for partition of the properties inherited from their father. The plaintiffs did not implead either the father of the petitioner or the petitioner as one of the parties to the suit on the ground that the father of the petitioner executed an unregistered settlement deed in the year 1959 giving up his right over the properties got from his father. 3) The respondents contended that so long as the father of the petitioner is alive, the petitioner is not entitled to come on record. 4) The petitioner is disputing the said document on the ground that it is unregistered document, not enforceable under law and it was not filed in the suit. The plaintiffs ought to have impleaded the father of the petitioner and his sons as parties to the suit for partition and without impleading them as parties, getting an Award through Lok Adalat as if there was a compromise between the plaintiffs and the defendant cannot be sustained. 5) In the result, the writ petition is allowed and the Award dated 17.11.2001 in O.S.No.459 of 2001 passed by the Lok Adalat is set aside. The learned Junior Civil Judge, Gudivada is directed to restore O.S.No.459 of 2001 to its original file. The learned Junior Civil Judge is further directed to dispose of the matter, after giving opportunity to both parties including the petitioner, who is interested in the suit schedule property, to come on record and after following the procedure prescribed under law. No order as to costs. __________________ Dr.G. YETHIRAJULU, J Date: 28.01.2008 Note: Issue CC in one week (B/o.) Isn