Kanagamani v. Selvaraj (Deceased) 1. Mylathal, W/O. Late.Arumugam
C.M.P.Nos.13618 & 13619 of 2023 in C.R.P.SR.No.58866 of 2023 V.BHAVANI SUBBAROYAN, J.
C.M.P.No.13618 of 2023 has been filed to accept the cause tile. C.M.P.No.13619 of 2023 has been filed to grant leave in instituting the CRP against the respondents.
2.Heard Mr.S.Vijaya Kumar, learned Senior Counsel appearing for Mr.J.Melwin Jabaz, learned counsel for the petitioner. 3.It was submitted by the learned counsel for the petitioners that only on the ground of fraud committed by the respondents 1 to 3 by suppressing the title documents, an Award was passed by the Lok Adalat. Even though the petitioners were not made as party to the proceedings, an Award had been passed by the Lok Adalat, which is not in accordance with the law established. It was further submitted by the learned counsel for the petitioners that the respondents 1 to 3 have no title to the suit schedule property and no single piece of document was
filed along with the plaint to prove the title with regard to schedule 1 to 3 and behind back of the petitioners, the respondents 1 to 3 had obtained Award and the same has to be set aside.
4.Since they are not party to the proceedings, the petitioners can challenge the Award only after getting permission from this Court. Accordingly, leave is granted as prayed for.
5.Being satisfied with the reasons stated in the affidavits filed in support of these petitions and considering the submission made by the learned Senior Counsel for the petitioner, the petitions are ordered as prayed for. 6.Registry is directed to number the Civil Revision Petition if it is otherwise in order.
01.08.2023 pam
V.BHAVANI SUBBAROYAN, J.
pam C.M.P.Nos.13618 & 13619 of 2023 in C.R.P.SR.No.58866 of 2023 01.08.2023