Madras High CourtCMP/10113/2026ordered

Ananthajothi v. Deivajothi

2026-06-17Honourable Mrs.Justice T.V.Thamilselvi8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and

1. Ananthajothi W/o.Sivalingam, Thotttathulasalai, Zaminkalathur, Puravipalayam, Pollachi Tk., Coimbatore 642 110.

Appellant(s) Vs

1. Deivajothi D/o.Kaliyappa Gounder, No.6/7 Palarpathi, Sokkanur Village, Kinathukadavu Tk., Coimbatore Dist.

2.Rathinammal W/o.Kaliyappa Gounder, No.6/40 Govindanaickanur, Sokkanur Village, Kinathukadavu tk., Coimbatore Dist. Now Rest at Govindanaickanur Thottathusalai, Palarpathi,' Sokkanur Post, Kinathukadavu Tk., Coimbatore Dist.

3.The Tahsildar Taluk office Campus, Kinathukadavu, Coimbatore Dist.

4.The District Collector Collectorate, Coimbatore Dist.

Respondent(s)

PRAYER To grant leave and permit the petitioner to file the above CRP before this Honble Court and render justice.

For Appellant(s):

MR.R.Nandha Kumar For Respondent(s):

Mr.M.N.Balakrishnan For R1 And R2 Ms.S.Yogalakshmi AGP For R3 And R4

ORDER

Challenging the Lok Adalat Award, which is alleged to have been obtained fraudulently by respondents 1 and 2, who were the plaintiffs in O.S. No. 272 of 2016, the present revision has been filed.

2. The revision petitioner is one of the legal heirs of the deceased, Kaliannan Gounder. She is the sister of the first respondent and the daughter of the second respondent herein. According to the petitioner, Kaliannan Gounder died on 06.08.1968, leaving behind his wife and two daughters, namely, the petitioner and the first respondent. Thereafter, disputes arose regarding the division of the family properties. Consequently, the petitioner filed O.S. No. 117 of 2014 for partition against the respondents and other defendants.

3. While the said suit was pending, respondents 1 and 2, suppressing the pendency of the partition suit and other material facts, filed O.S. No. 272 of 2016

seeking a declaration as if that they alone were the legal heirs of the deceased Kaliannan Gounder. Thereafter, the matter was referred to the Lok Adalat, Pollachi, at their instance where they obtained an award and decree as though they were the only legal heirs of the deceased. The learned Government Pleader appearing for the Tahsildar also raised no objection, despite the fact that the issue relating to the legal heirship of the deceased was already under challenge at the instance of the revision petitioner.

4. Perused the records.

5. It is seen that, as early as in the year 2014, the revision petitioner had filed a suit for partition against the respondents and others. However, suppressing the said proceedings and the real facts, respondents 1 and 2 filed O.S. No. 272 of 2016 and obtained a declaration regarding legal heirship. Further, one Tulasi Ammal, the sister of Kaliannan Gounder, had earlier filed O.S. No. 105 of 2012 for partition, wherein the petitioner and respondents 1 and 2 were arrayed as defendants and shown as the legal heirs of the deceased Kaliannan Gounder.

6. Thus, by suppressing the existence of the other legal heirs and the pending litigations, respondents 1 and 2 approached the Court and obtained the Lok Adalat Award fraudulently. Therefore, leave is granted.

7. Notice is ordered to respondents 1 and 2. Mr. D. Nandagopala Karthikeyan, learned counsel appearing for the plaintiffs in the suit, and Mr.Sampath Kumar, learned Government Pleader, are directed to appear before this Court. Mr. Hariharan, Judicial Magistrate No. II, Pollachi, is also directed to appear before this Court on 25.06.2026. In this regard, the Registry is directed to issue notice to them.

8. Till then, all further proceedings in O.S. No. 272 of 2016, pending on the file of the District Munsif Court, Pollachi, shall remain stayed. The operation of the decree passed pursuant to the Lok Adalat Award shall also remain stayed.

9. Accordingly, this Civil Miscellaneous Petition is allowed.

10. Registry is directed to number the CRP.SR.No.48041 of 2026, if it is otherwise in order and post the case on 25.06.2026. 17-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.Deivajothi D/o.Kaliyappa Gounder, No.6/7 Palarpathi, Sokkanur Village, Kinathukadavu Tk., Coimbatore Dist.

3.The Tahsildar Taluk office Campus, Kinathukadavu, Coimbatore Dist.

4.The Dist.Collector Collectorate, Coimbatore Dist.

5. The District Munsif, Pollachi.

6. Mr.D.Nandagopala Karthikeyan No.52, CR Complex, Balagopalapuram Street, Bazaar, Pollachi-642 001, Tamil Nadu.

Cell.98657 05558.

7. Mr.Sampath Kumar, Government Pleader, Pollachi.

T.V.THAMILSELVI J.

rri in 17.06.2026

in T.V.THAMILSELVI.,J The matter is listed today under the caption 'for being mentioned'.

2. It is submitted that vide order dated 17.06.2026, while allowing the application for grant of leave, this Court also directed notice and granted stay of the impugned order.

3. It is submitted that inadvertently, the notice and stay was typed in the order granting leave, instead of typing the same in the civil revision petition, after numbering the same.

4. Considering the said submission, paragraphs 7 and 8 in the order dated 17.06.2026 stand deleted and paragraphs 9 and 10 shall be read as paragraphs 7 and 8. In all other aspects, the order stands as it is. 23.06.2026 sr Note: Registry is directed to number the revision forthwith.

T.V.THAMILSELVI.,J sr and 23.06.2026