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Madras High CourtCRP(MD)/110/2022allowed

V. Palpandian, v. P. Karuppasamy,

2022-03-30Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.110 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM:

THE HONOURABLE MRS. JUSTICE S.ANANTHI C.R.P(MD).No.110 of 2022 and C.M.P(MD)No.1325 of 2022 V.Palpandian

...Petitioner/Plaintiff

Vs.

P.Karuppasamy

...Respondent/Defendant

PRAYER : This Civil Revision Petition is filed under Section 227 of the Constitution of India, to direct the District Munsif to issue proper certified copy of the Lok Adalath Award and Decree in original suit in O.S.No.50 of 2018 on the file of the District Munsif Court, Tiruchendur within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.Siva Thilakar For Respondent : No Appearance

ORDER

This Civil Revision Petition is filed to direct the District Munsif to issue proper certified copy of the Lok Adalath Award and Decree in original suit in O.S.No.50 of 2018 on the file of the District Munsif Court, Tiruchendur within a stipulated time that may be fixed by this Court.

2.The Lok Adalat Award in O.S.No.50 of 2018 was passed by the Taluk Legal Services Committee, Tiruchendur on 22.04.2018 on the following terms:

''The dispute between the parties having been referred for determination to the Lok Adalat and the parties having compromised/settled the case/matter the following award is passed in terms of settlement. Memo filed. Refund full Court fee settled for Lok Adalath.

The parties are informed that the Court fee if any paid by any of them shall be refunded.''

3.It is seen from the award passed in O.S.No.50 of 2018, the terms of compromise arrived between the parties were not incorporated in the award. As per the compromise memo, the suit https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.110 of 2022 must be decreed. Therefore, the learned District Munsif, Tiruchendur, is directed to decree the suit as per the terms of compromise and issue fresh copy of the award by incorporating the terms of memo and which should be form part of the order. 4.With the above direction, this Civil Revision Petition is allowed. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd To The District Munsif, Tiruchendur.

+1 CC to M/s.S.SIVA THILAKAR, Advocate ( SR-15453[F] dated 30/03/2022 ) C.R.P(MD).No.110 of 2022 and C.M.P(MD)No.1325 of 2022 30.03.2022 SG(CO) TR(04.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2