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Madras High CourtCRP/1710/2023allowed

Selvakumar v. Sivakumar

2025-06-18Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP No.1710 of 2023 Selvakumar Petitioner(s) Vs 1.Sivakumar 2.Chinnammal 3.Suganthi 4.Dhanalakshmi 5.Siva Yazhini Respondent(s) PRAYER: This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the award dated 11.12.2021 passed by the Lok Adalat Organization by the Taluk Legal Services Committee, Udumalpet in Lok Adalat award passed under Chapter VI and U/s.21 of the Legal Services Authority Act, 1987 in connection with O.S. No.316 of 2021 on the file of the learned Subordinate Judge, Udumalpet, recording the term of the Compromised Memo filed by the respondents by allowing the Civil Revision Petition.

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For Petitioner(s) : Mr.N.Umapathi For Respondent(s): Mrs.J.Madhumitha for R1,2,4 & 5 Mr.B.Gopalakrishnan for R3

ORDER

This Civil Revision Petition is filed challenging the the award dated 11.12.2021 passed by the Lok Adalat Organization by the Taluk Legal Services Committee, Udumalpet in Lok Adalat award passed under Chapter VI and U/s.21 of the Legal Services Authority Act, 1987 in connection with O.S. No.316 of 2021 on the file of the learned Subordinate Judge, Udumalpet, recording the term of the Compromised Memo filed by the respondents

2. Heard Mr.N.Umapathi, learned counsel for the petitioner, Mrs.J.Madhumitha, learned counsel for R1, R2, R4 & R5 and Mr.B.Gopalakrishnan, learned counsel for the third respondent.

3. The revision petition has been filed challenging the award passed by the Lok Adalat, on 11.12.2021. The grievance of the revision petitioner is that the Item No.2 of Schedule B has been made part of the Lok Adalat award, is outside the scope of the suit property which is belonging to the 2/4

revision petitioner. Hence, the revision.

4. The learned counsel for the respondents would fairly submit that the inclusion of Item No.2 in Schedule B is omitted only by inadvertence and they have no objection for the revision being allowed as prayed for. However, they would seek for retaining the remaining award after excluding Item No.2 of Schedule B.

5. In light of the fair submissions of the learned counsel for the respondents, the revision is allowed and the award dated 11.12.2021, shall stand set aside only in respect of the Item 2 of Schedule B properties. In all other aspects they have binding and have full force as between the parties to the award.

18.06.2025 rkp To The Sub Judge, Udumalpet.

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P.B.BALAJI, J., rkp CRP No.1710 of 2023 18.06.2025 4/4