Mohamed Unus v. Thajar Mulk

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Mohamed Unus

...Petitioner

Vs.

1.Thajar Mulk 2.Yasir Arabath 3.Ahmed Kabeer 4.Sahul Hameed 5.Syed Heera 6.Syed Ibrahim 7.Ghouse Baba 8.Noorul Hasan 9.Mohammed Ghouse 1/6

10.Abdus Shakoor 11.Liakath Ali 12.Shayeetha Parveen 13.Pargath Nisha

...Respondents

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to amend Lok Adalat Awart No.212 of 2023 dated 13.05.2023 passed in OS.No.1 of 2023, on the file of the Sub Court, Kangeyam.

For Petitioner :

Mr. M.Sivavarthanan For Respondents :

Mr. S.Balaji 1 to 13.

O R D E R

The petitioner and the respondents who were jointly entitled to the property comprised in S.No.7/1A, Sivanmalai Village, Kangayam Taluk, had not agreed to partition the property. Therefore, the petitioner had filed a suit for partition and separate possession against respondents in OS.No.1 of 2023 before the Sub Court, Kangeyam. 2/6

This suit was referred to the National Lok Adalat for settlement on 13.05.2023 and settlement was arrived at between the parties and an award was passed on the very same day in terms of the settlement.

2. The Lok Adalat award dated 13.05.2023 was subsequently registered with the Sub Registrar Office, Kangayam, on 07.09.2023. It is then the typographical errors came to the notice of the parties.

3. They had filed an application before the Lok Adalat in I.A.Sr.No.6055 of 2024, for carrying out amendment. However, this application was returned on 30.07.2024 stating that the Court does not have power to amend the award passed by the National Lok Adalat. Therefore, the civil revision petition.

4. The details of amendment have been annexed in page No.63 of the typed set of papers.

3/6

5. Both the learned counsels admitted that the errors are typographical and the same may be rectified.

6. Since both the parties have consented to the above, a direction is issued to the National Lok Adalat to effect these amendments and issue a fresh award to the parties.

7. The Civil Revision Petition is allowed. No costs. 12.03.2025 Index : Yes/No Internet : Yes/No kan 4/6

To The Sub Court, Kangeyam.

P.T. ASHA, J, kan 5/6

12.03.2025 6/6