Lok Adalat Award — Partition suit — Non-impleadment of necessary sharers — Allegation of fraud — Prima facie case made out (Interim Order) Issue: Whether Lok Adalat award in partition suit is liable to be questioned for non-impleadment of necessary legal heirs. Facts: Suit for partition relating to property of a female who died intestate was referred to Lok Adalat and award dated 29.06.2024 was passed in O.S.No.92 of 2023; petitioner contended that he, being son of deceased female, and her husband were legal heirs entitled to shares under Section 15 of the Hindu Succession Act, 1956, but were deliberately not impleaded and award was obtained behind their back by fraud. Held: Since all co-sharers are necessary parties in a partition suit and omission to implead persons entitled to share is fatal, petitioner established a prima facie case warranting examination of validity of Lok Adalat award on allegations of fraud.

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AP HIGH COURT HELD THAT 

Lok Adalat Award — Partition suit — Non-impleadment of necessary sharers — Allegation of fraud — Prima facie case made out (Interim Order)

Issue: Whether Lok Adalat award in partition suit is liable to be questioned for non-impleadment of necessary legal heirs.
Facts: Suit for partition relating to property of a female who died intestate was referred to Lok Adalat and award dated 29.06.2024 was passed in O.S.No.92 of 2023; petitioner contended that he, being son of deceased female, and her husband were legal heirs entitled to shares under Section 15 of the Hindu Succession Act, 1956, but were deliberately not impleaded and award was obtained behind their back by fraud.
Held: Since all co-sharers are necessary parties in a partition suit and omission to implead persons entitled to share is fatal, petitioner established a prima facie case warranting examination of validity of Lok Adalat award on allegations of fraud.

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Legal Services Authorities Act — Challenge to Lok Adalat award — Civil suit barred — Writ petition maintainable on allegation of fraud (Interim Order)

Issue: Whether separate civil suit is maintainable to challenge Lok Adalat award obtained by fraud.
Facts: Petitioner challenged Lok Adalat award contending that award was obtained by suppressing existence of necessary sharers and without impleading them in partition proceedings.
Held: Since challenge to Lok Adalat award by separate civil suit is barred under the Legal Services Authorities Act, 1987, writ petition is maintainable to question validity of award, particularly on ground of fraud.

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Partition suit — Necessary parties — Failure to implead co-sharers — Effect (Interim Order)

Issue: Effect of non-impleadment of persons entitled to share in partition property.
Facts: Petitioner alleged that despite entitlement under Section 15 Hindu Succession Act, neither he nor husband of deceased female owner was impleaded in suit culminating in Lok Adalat award.
Held: It is settled law that every person entitled to share in partition property is a necessary party, and failure to implead such co-sharers is fatal to maintainability and validity of partition proceedings. Consequently, interim stay of execution of Lok Adalat award was granted.