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Madras High CourtCRP/3504/2023disposed of

D. Rekha v. Balsamy

2023-10-20Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2023

CORAM:

THE HONOURABLE Mrs.JUSTICE T.V.THAMILSELVI

1. D. Rekah

2. N. Parvathi

3. N. Umadevi

4. N. Dineshkumar .. Petitioners Vs

1. Balsamy

2. B. Banthakumari

3. C. Karnan

4. Chinnasamy .. Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the I Additional District Judge of Tiruppur to number the petition vide I.A.SR.No.3940 of 2023 in O.S.No.596 of 2022, which is to take the terms of compromise on record entered into by the petitioners and respondents by referring the parties to Lok Adalat and dispose of the same in accordance with law and thereby render justice. For Petitioners : Mr. L. Naveen Kumar for Mr. A.Ashwin Kumar 1/4

For Respondents : Ms. R. Ajitha

O R D E R

This Civil Revision Petition has been filed to direct the I Additional District Judge of Tiruppur to number the petition vide I.A.SR.No.3940 of 2023 in O.S.No.596 of 2022, which is to take the terms of compromise on record entered into by the petitioners and respondents by referring the parties to Lok Adalat and dispose of the same in accordance with law.

2. Before non numbering of the I.A.SR.No.3940 of 2023, seeking direction of the Court to number the said application which was filed by the plaintiffs under Order 23 Rule 3 and Section 151 of CPC.

3. Learned counsel for the petitioners submitted that the application was filed on 01.08.2023 but neither numbered nor returned. According to the learned counsel for the revision petitioners, they entered into compromise in the Lok Adalat. But in the award, there is an error in respect of the date of the sale deed, is erroneously mentioned. To correct 2/4

the same, they want to file a fresh application by setting aside the earlier Lok Adalat award and they inclined to enter into new settlement.

4. If opportunity is not given to the parties at the earliest point of time, it amounts to denial of justice. Therefore, the trial Judge is directed to take the petition on file, within two weeks from the date of receipt of copy of this order and dispose of the same on merits.

5. Accordingly, this Civil Revision Petition is disposed of. No costs.

20.10.2023 Index :Yes/No AT To The I Additional District Judge of Tiruppur.

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T.V.THAMILSELVI, J.

AT 20.10.2023 4/4