Shantibai v. Kasthuri

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE MRS.JUSTICE N. MALA in CRP.SR.No.52054 of 2026 Shantibai W/o. Lakshmiboopathy, No.22, Thiruveedhi Amman Koil Street, Yamuna Nagar, Kolathur, Chennai 99.

..Appellant(s) Vs

1. Kasthuri W/o. Boopalan, No.38, Amman Koil Street, Kolathur, Chennai 99.

2. Elangovan S/o. Boopalan, No.38, Amman Koil Street, Kolathur, Chennai 99.

3. Vinayagam S/o. Boopalan, No.38, Amman Koil Street, Kolathur, Chennai 99.

4. Shanmugam S/o. Boopalan, No.38, Amman Koil Street, Kolathur, Chennai 99.

5. Shanthi Chandrasekaran W/o. Chandrasekaran,

No.38, Amman Koil Street, Kolathur, Chennai 99.

Pushpa (Died)

6. Rani No.9A, Amman Koil Street, Kolathur, Chennai 99.

7. Nagabhushanam No.9A, Amman Koil Street, Kolathur, Chennai 99.

8. Nathiya No.9A, Amman Koil Street, Kolathur, Chennai 99.

..Respondent(s) To grant leave to the petitioner to file the CRP against the Lok Adalat award dated 05.10.2015 in Case No.729/2015(arising out of A.S.No.127/2006 on the file of I Additional City Civil Court, Chennai) and thus render justice.

For Appellant(s):

E.Prabu S.Mohan M.Mohideen Pitchai M.Peer Mohamed M.Peer Mohamed R.Raghul Babu, Iswarya.J Abirami, Aishwarya For Respondent(s):

ORDER

The above petition is filed by the petitioner to grant leave to file the Civil Revision Petition against the Lok Adalat Award dated 05.10.2015, in

Case.No.729/2015 [arising out of AS.No.127/2006] on the file of the learned I Additional Judge, City Civil Court, Chennai.

2.The petitioner claims to have acquired right to the suit item No.1 of Schedule II property in the plaint from her brother under a registered Settlement Deed. The petitioner states that suppressing the sale in favour of her sister-inlaw, Anusya, her predecessor in title, by the respondents 1 to 5 herein, as legal heirs of Boopalan, a collusive Partition suit was filed by the sister Boopalan in OS.No.14454/1996 for partition of her 1/4th share. The said suit was contested by the respondents 1 to 5 and a preliminary decree was passed on 28.01.2004. The respondents 1 to 5 challenged the decree in AS.No.127/2006, and a fraudulent Memo of Compromise was recorded before the Lok Adalat in Award No.729/2015, by suppressing the sale in favour of Anusya by respondents 1 to

5. The petitioner states that based on the illegal and fraudulent Award obtained by the respondents, the execution proceedings were initiated and only when the Bailiff visited the property on 09.03.2026, and attempted to take possession, the petitioner came to know of the illegal and fraudulent Award obtained by the respondents before the Lok Adalat in the appeal. The petitioner states that she is aggrieved by the Award of the Lok Adalat inasmuch as her title and possession are disturbed by the same.

3.Under the facts and circumstances of this case, this Court is inclined to grant leave to the petitioner to file the aforesaid Civil Revision Petition 4.Accordingly, the petition is ordered.

29-04-2026 AP Internet: Yes

N.MALA, J.

AP in CRP.SR.No.52054/2026 29-04-2026