A Lok Adalat award is binding when signed by parties, challenges must follow strict procedural paths under Articles 226/227, and the Execution Court's failure to address preliminary objections is an error warranting corrective action.

ORDER :

RAVI NATH TILHARI, J.

Heard Sri B.Adinarayana Rao, learned senior advocate assisted by Sri Sri K.Sai Sri Harsha, learned counsel for the petitioner.

2. Considering the nature of the impugned order and the order proposed to be passed, the notice to the respondent is dispensed with, however, the interest of the unrepresented respondent would be kept in view.

3. This Civil Revision Petition under Section 115 CPC has been filed challenging the docket order dated 17.07.2025 passed in E.A.No.70 of 2012 in E.P.No.44 of 2012 in O.S.No.109 of 2001 on the file of I Additional Civil Judge (Senior Division), Vijayawada. The docket order dated 17.07.2025 reads as under:

“Heard and perused the record. The main execution petition is filed for execution of LokAdalath Award. The present EA is filed to hold the award is null and void and unenforceable on the ground of playing fraud against the petitioner herein.

Whereas the main EP is filed for execution of the Lok Adalath Award, as the petitioner herein sought for the said Award null and void and unenforceable on the ground of playing fraud towards him, a detailed enquiry has to be conducted to determine the real question in controversy. Unless the respective parties adduce their respective evidence the real question in controversy shall not be determined.

Hence the petitioner is directed to adduce his evidence. For evidence of petitioner call on 23.07.2025.”

4. Plaintiff - Sri Durga Malleswara Educational Society, Vijayawada (in short "Society‟) represented by its Secretary, V.Kameswara Rao filed O.S.No.109 of 2001 against Boyapati Srinivasa Apparao, which was dismissed on 05.04.2007. The society filed A.S.No.128 of 2007 on the file of VII Additional District Judge's Court, Vijayawada. The matter was settled before Lok Adalat in Lok Adalat case No.1890 of 2011 vide award dated 29.09.2011 under Section 19 of the Legal Services Authorities Act, 1987, in the following terms:

“AWARD

1. The appeal in A.S.No.128/07 is dismissed as withdrawn confirming the decree and judgment in O.S.No.109 of 2001 on the file of the II Additional Senior Civil Judge Court, Vijayawda.

2. The appellant shall not agitate the decree passed in O.S.No.109/2001 on the file of the second Additional Senior Civil Judge Court, Vijayawada in any manner before any forum.

3. The appellant handed over the possession over an extent of Acres 5.10 cents in NTS No.13, Mogalrajpuram, Vijayawada to the respondent and his family members along with structures therein and the keys of the locks of the above said premises are handed over to the respondent and his family members before the lok adalat today.

4. The respondent accord license to the appellant to run classes in the existing sheds without any changes / modifications till 31.03.2012.

5. The appellant shall remove their movable properties like furniture and fittings by 31.03.2012, without any notice in writing, failing which the respondent is entitled to remove the same without any notice.

6. The respondent is further entitled to seek the assistance of court, as the circumstances warrants, to remove the movables & fittings etc., in the due process of law by filing the execution petition.

7. In view of the settlement the respondent paid an amount of Rs.9,00,000/- (nine lakhs) to the appellant by pay order No.051930 HDFC bank.

8. The appellant undertake not to initiate any civil or criminal proceedings either against respondent and his family members in any manner.

9. All the disputes remaining unsettled if any whether pending or to be initiated shall be treated as null & void.

10. The appellant is entitled for refund of court fees paid in appeal.

Both parties have affixed their signatures in evidence of their consent of the terms of Award.”

5. The Society filed W.P.No.27867 of 2011 assailing the award dated 29.09.2011 in Lok Adalat Case NO.1890 of 2011. The Co-ordinate Bench vide judgment dated 17.02.2012 dismissed the writ petition holding that for the reasons recorded in the judgment, the wr