Thirunmalai v. Amsa @ Amutha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISHKUMAR C.R.P.(P.D) No.649 of 2009 and M.P.No.1 of 2009 Thirumalai ....

Petitioner Vs

1. Amsa @ Amutha

2. Minor Ayyappan

3. Minor Santhiya

4. Pandiyan

5. Selvi

6. Sellammal

7. Ramu .... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the docket order passed by the learned Sub Court, Perambalur dated 21.01.2009 rejecting the petition in I.A.S.R.No.119 of 2009 in O.S.No.43 of 2008 on the file of the learned Sub Court, Perambalur filed by the petitioner under Section 151 C.P.C. requesting the Court to refer the matter to the Lok Adalath. For Petitioner : Mr.R.Singaravelan For Respondents : Mr.P.Valliappan for R1 to R3 No appearance for R4 to R6 No appearance for R7

O R D E R

This Civil Revision Petition has been filed against the order of the Trial Court rejecting the petition filed by the petitioner requesting the Court to refer the matter to the Lok Adalath.

2. The Trial Court has rejected the petition on the ground that the respondents are not willing to go for Lok Adalath or Mediation. When that being the position, I do not find any illegality or infirmity in the order of the Trial Court rejecting the petition. The compromise can be arrived only when both parties agreed for settlement and the Court cannot compel the parties, who are not willing to go for Mediation or Lok Adalath. Hence, the order of the Trial Court in rejecting the petition filed by the petitioner, does not call for any interference.

3. Hence, this Civil Revision Petition is dismissed. Consequently, the connected miscellaneous petition is also closed. 11.03.2019 vji Index: Yes/No Speaking Order/ Non-speaking order

To The learned Sub Court, Perambalur.

N.SATHISHKUMAR,J.

vji C.R.P.(P.D) No.649 of 2009 and M.P.No.1 of 2009 11.03.2019