C.R.P.No.4773 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

C.R.P.No.4773 of 2023

and

C.M.P.No.22316 of 2023

1. Janaki Ammal

2. S.R.Chandran

rep. by his power agent

Mrs.Vasavi Radhakrishnan

3. Kalavathi Ramachandran

4. Vasavi Radhakrishnan

5. Uma Sankar

rep. by her power agent

Kalavathi Ramachandran

6. Banu Ramasamy

... Petitioners

-Vs-

1. Amudha

2. Muthulakshmi

3. Suganthi

4. Sheela

5. Vanitha

6. Pazhani

7. Senthil Sundaram

... Respondents

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C.R.P.No.4773 of 2023

Prayer : Civil Revision Petition is filed under Article 227 of the

Constitution of India, praying to set aside the Award dated 18.11.2021

passed in O.S.No. 271 of 2021 passed by the Lok Adhalat and

consequently declare the judgment and decree dated 01.12.2021 in

O.S.No.271 of 2021 on the file of Principal District Court, Cuddalore and

its subsequent registration before the SRO, Pudupettai as document

No.961 of 2021 as null and void.

For Petitioners

: Mr.K.Moorthy

For Respondents

: Mr.R.Sunil Kumar for R1

Mr. S.R.Varun Karthik

for R2 to R7

ORDER

Challenging the impugned award passed in O.S.No.271 of 2021

passed by the Lok Adhalat and consequently declare the judgment and

decree dated 01.12.2021 in O.S.No.271 of 2021 on the file of Principal

District Court, Cuddalore and its subsequent registration before the SRO,

Pudupettai as document No.961 of 2021 as null and void.

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C.R.P.No.4773 of 2023

2. The Revision Petitioners are third parties to the suit in

O.S.No.271 of 2021. The said suit was filed by the 1^st respondent/plaintiff

against the respondents 2 to 7, who are defendants in that suit seeking for

the relief of specific performance and on the first hearing itself, all the

defendants have consented for a settlement decree and the same was

recorded by Lok Adalat on 18.11.2021. As per the Lok Adalat award, the

suit property was granted in favour of plaintiff and thereafter, she perfected

title. But, in fact, the Revision Petitioners are the original owners of suit

property, more particularly, the suit properties are belong to one

Duraisamy Kanabadigal and his son Sri Kumar Iyyar, who purchased the

properties through various sale deeds. Subsequently, both Duraisamy

Kanabadigal and Sri Kumar Iyyar died leaving behind plaintiff and one

Ravi as legal heirs. The Revision Petitioners are the legal heir of deceased

Ravi and they are original owners, but behind their back, the plaintiff

obtained a fraudulent decree by invoking Lok Adalat proceedings in the

suit in O.S.No.271 of 2021. Aggrieved over the same, the Revision

Petitioners/third parties preferred this Civil Revision Petition.

3. On perusal of records, it reveals that the 1^st respondent/plaintiff

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C.R.P.No.4773 of 2023

filed a suit in O.S.No. 271 of 2021 before the Principal District Court,

Cuddalore praying for the relief of specific performance against defendants

1 to 6, who are the respondents 2 to 7 herein. In that suit, Survey No. 1

measuring an extent of 7.20 cents is shown as schedule of property and

she prayed for specific performance as per the contract dated 01.09.2019.

Based on that, she sought a direction directing the defendants to execute

the sale deed. Notice served on the defendants and they have entered their

appearance. They have consented the decree and accordingly, the matter

was referred to Lok Adalat and a settlement memo was recorded in the Lok

Adalat. As per the terms of compromise, the award was passed by the Lok

Adalat. On perusal of award passed by Lok Adalat. it seems that all the

defendants in the suit received a sum of Rs.15,00