Smt P. Yeshoda vs. Mandal Legal Services Committee Hindupur

Court:High Court of Andhra Pradesh, Amaravati

Judge:Hon'ble A V Sesha Sai

Case Status:Pending

Order Date:22 Feb 2022

CNR:APHC010240562021

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE
	22.02.2022	AVSS,J & RC,J
		The petitioner in the present writ
		rd respondent.<br>petition is the wife of the 3
		The<br>writ petitioner<br>challenges<br>the
		award dated 22.10.2011 passed by the
		Mandal<br>Legal<br>Services<br>Committee,
		Hindupur in O.S.No.51 of 2011.<br>The
		said suit came to be instituted by the 2nd
		respondent herein against his brother<br>i.e., 3rd respondent herein for permanent
		injunction.<br>It<br>is<br>submitted<br>by<br>the
		learned counsel for the petitioner that
		the said award is vitiated by fraud on
		the ground that by the time of institution
		of the said suit and the award, the
		mother of the<br>respondent no.2 and 3
		viz.,<br>P. Anjanamma<br>was alive<br>and by
		making wrong<br>statement in the plaint,
		O.S.No.51 of 2011 was instituted.
		It<br>is<br>further<br>submitted<br>by<br>the
		learned counsel for the petitioner that
		because of the said award, the children
		3rd<br>of<br>the<br>petitioner<br>herein<br>and<br>the
		respondent are getting affected.
		On<br>the<br>contrary,<br>Sri<br>Lakshmi
		Narayana<br>Reddy,<br>learned<br>Standing
		Counsel for the Legal Service Authority-

st<br>1<br>respondent contends that the writ
petition is liable to be dismissed on the
ground<br>of<br>latches,<br>as<br>the<br>impugned
award came to be passed as long back
as<br>on<br>22.10.2011.<br>It<br>is<br>also<br>the
submission of the learned counsel that
the petitioner herein is absolutely has no
right<br>to<br>question<br>the<br>award,<br>as<br>no
evidence is placed on record to show
that the petitioner herein has right over
the property.
Learned counsel for the<br>petitioner
seeks<br>2(two)<br>weeks<br>time<br>to<br>get
instructions in the matter.
Post after 2(two) weeks.


_______<br>AVSS,J

_______
RC,J

JKS/SPP

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