Adhimoolam v. Moutoulatchoumy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2024
CORAM
THE HONOURABLE THIRU JUSTICE A.D.JAGADISH CHANDIRA C.R.P.No.4094 of 2024 and CMP No.22508 of 2024 1.Adhimoolam 2.Kulasekharan 3.Mrs.Vijayalakshmi 4.Vanitha .... Petitioners vs 1.Moutoulatchoumy 2.Anbajagane 3.Manevijie 4.Tenemojie 5.Ilango 6.V.Arikrishnan ..... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the docket order dated 27.08.2024 in Copy Application No.1036 dated 21.08.2024 made by the learned I Additional District Munsif, Puducherry in O.S.No.356 of 2023 and direct the Court to issue certified copies of the proceedings of the Legal Services Authority, Puducherry pursuant to the order 1/6
dated 27.03.2024 in Memo in O.S.No.356 of 2023. For Petitioners : Mr.C.A.Diwakar
O R D E R
The Civil Revision Petition has been filed seeking to set aside the docket order dated 27.08.2024 in Copy Application No.1036 dated 21.08.2024 made by the learned I Additional District Munsif, Puducherry in O.S.No.356 of 2023 and further seeking to direct the Court to issue certified copies of the proceedings of the Legal Services Authority, Puducherry pursuant to the order dated 27.03.2024 in Memo in O.S.No.356 of 2023.
2. It is the case of the petitioners/third parties is that the respondents 1 to 5 have clandestinely filed a suit in O.S.No.356 of 2023 before the I Additional District Munsif, Pondicherry against the sixth respondent seeking the relief of declaration of their civil status as sole legal heirs of the deceased Venkatachalam with suppression of material facts and obtained Lok Adalat Award on 09.09.2023, declaring themselves as the only heirs of the deceased Venkatachalam. Since the respondents had used the Award to alienate the suit 2/6
properties and circulated the documents to various third parties, the petitioners filed a Memo, seeking to set aside the Lok Aadalat Award, obtained by fraud.
3. The learned I Additional District Munsif, after issuing notice to the respondents, had passed an order dated 27.03.2024 recommending the Chairman, Union Territory of Puducherry, Legal Services Authority to cancel the Award in LAC No.10070 of 2023 in O.S.No.356 of 2023. Despite the communication, since no order has been passed by the Chairman, Union Territory of Puducherry, Legal Services Authority, the petitioner had filed a copy application (Copy Application No1036) dated 21.08.2024 seeking to issue certified copies of all the further proceedings initiated by the Member Secretary of Legal Services Authority pursuant to the order dated 27.03.2024. The Copy Application had been returned by order dated 26.08.2024. Challenging the same, the petitioner has filed the present civil revision petition, seeking to set aside the dock order of the return of copy application dated 26.08.2024. 4, Mr.C.A.Diwakar, learned counsel for the petitioners would submit that the petitioners are entitled to know about the proceedings pursuant to the oder 3/6
dated 27.03.2024. The court having held that the petitioners are necessary parties and the Award has been obtained behind the back of the petitioners, the petitioners are entitled for the copies specifically when there is a finding that the order has been obtained by fraud.
5. Heard the learned counsel for the petitioners and perused the materials available on record.
6. Considering the facts and circumstances of the case, this Court is of the opinion that the petitioners are entitled for copies of the correspondences between the Court and the Legal Services Authority.
7. In view of the above, the docket order dated 27.08.2024 in Copy Application No.1036 dated 21.08.2024 made by the learned I Additional District Munsif, Puducherry in O.S.No.356 of 2023 is set aside and the I Additional District Munsif, Puducherry is directed to issue certified copies of the proceedings between the Court and the Legal Services Authority pursuant to the order dated 27.03.2024.
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8. Registry is directed to return the original copy application to the learned counsel for the petitioners.
9. With the above direction, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 04.10.2024 sr Index:yes/no website:yes/no To The I Additional District Munsif Court, Puducherry 5/6
A.D.JAGADISH CHANDIRA,J,.
sr C.R.P.No.4094 of 2024 04.10.2024 6/6