ORDER:

[M. Ganga Rao, J.]

1. This writ petition has been filed seeking to issue a writ of Certiorari by calling for the records of the Lok Adalat Award dated 08.12.2018 in LAC.No.778 of 2018 of District Legal Services Authority, Kadapa, in OS.No.207 of 2018 on the file of the III Additional Junior Civil Judge’s Court, Kadapa and to quash the said award as it was obtained by playing fraud on the respondent No.8.

2. Heard Sri Syed Kaleemulla, learned counsel for the petitioners and Sri Balaji Medamalli, learned counsel for the respondents 1 to 3 & 5 and Sri G. Sai Narayana Rao, learned counsel for the respondents 6 & 7 and Sri S. Lakshminarayana Reddy, learned counsel appearing for the 8th respondent.

3. The case of the petitioners is that they are brothers and they purchased land extent Ac.0.51 cents of site in S.No.908/1A2A1A with specific boundaries situated in Chinnachowk village fields i.e., 8th ward called Prakash Nagar of Kadapa Municipal Area under a registered sale deed dated 11.04.2011 for a valuable consideration. Since then, they have been in possession and enjoyment of the said property to the knowledge of one and all including the respondents 1 to 7. Subsequently, the 1st petitioner gifted his share in favour of the 2nd respondent through registered gift settlement deed, dated 07.10.2017. Hence, the 2nd petitioner has become the owner and possessor of the landed property extent Ac.0.51 cents situated in S.No.908/1A2A1A. He has been in possession and enjoyment of the property. He also mortgaged the said property to the SBI Main Branch, Kadapa. While things stood thus, respondents 1 to 5 (plaintiffs) filed OS.No.207 of 2018 before the III Additional Junior Civil Judge’s Court, Kadapa, arraying the writ petitioners and respondents 6 & 7 as defendants for permanent injunction restraining them from claiming any right or authority in respect of the plaint schedule i.e., Ac.0.51 cents of open site situated in D.No.908/1A2A1 of Chinnachowk village fields. The petitioners being the defendants 3 & 4 in the suit filed their vakalat through an advocate and the respondents 6 & 7 being the defendants 1 & 2 also filed vakalat but they failed to file written statements thereby they were set ex parte. Subsequently, the respondents 6 & 7 (defendants 1 & 2) filed a petition under Order IX Rule 7 CPC along with written statement and the said petition was allowed and their written statement was received. But the petitioners could not file any such petition due to miscommunication between the petitioners and their advocate.

4. Pending the suit, the respondents 1 to 5 the plaintiffs in the suit and respondents 6 & 7 being the defendants 1 & 2 got filed a memo to refer the matter to the lok adalat by colluding with each other and played fraud on the 8th respondent and got the compromise decree as if the suit property was divided among themselves and got the impugned lok adalat award LAC.No.778 of 2018 of the District Legal Services Authority, Kadapa in OS.No.207 of 2018 on the file of III Additional Junior Civil Judge Court, Kadapa on 08.12.2018. Being aggrieved by the same, the petitioners filed this writ petition.

5. This Court on 06.03.2020 suspended the impugned award in IA.No.1 of 2020.

6. Respondents 1 to 3 & 5 filed counter along with IA.No.1 of 2022 to vacate the interim order stating that originally the property in S.No.908/1A2 extent Ac.0.35 cents out of Ac.1.00 cents in Sy.No.908/1A2 was the ancestral property of Sanapureddy Harinarayan Reddy. He made the same into a layout consisting of 9 plots with 30 links road on the West side. Out of the said 9 plots, 7 plots were sold in favor of Vengamma and 6 others. Thereafter, the said V. Vengamma have sold the said plots in favour of Palagiri Venkata Subba Reddy & others. The said P.Venkata Subbareddy & others who purchased the property in Sy.No.908/1A2 have changed the boundaries and shown the Sy.No.908/1A2A1A and executed a GPA in favour of Akula Prasad Babu and B. Ravikumar vide doc