Madras High CourtCRP(MD)/1340/2021disposed of

The State Bank Of India, v. P.Pappathy,

2021-09-22Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P.(MD).No.1340 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2021 CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD).No.1340 of 2021 and C.M.P.(MD)No.7697 of 2021 The State Bank of India, Palani Branch, Palani.

Dindigul District.

Represented by its Chief Manager

...Petitioner/Defendant

Vs.

P.Pappathy

...Respondent/Plaintiff

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the award passed in Lok Adalat case No.31 of 2015 in O.S.No.277 of 2014 dated 14.02.2015 before the Taluk Legal Services Committee, Palani.

For Petitioner :Mr.M.Ponniah

O R D E R

This Civil Revision Petition has been filed to set aside the award passed in Lok Adalat case No.31 of 2015 in O.S.No.277 of 2014 dated 14.02.2015 before the Taluk Legal Services Committee, Palani. 2.Heard the learned counsel appearing for the petitioner. Perused the material documents available on record. 3.The respondent herein/plaintiff has already filed a petition in I.A.No.981 of 2015 in O.S.No.277 of 2014 to set aside the award dated 14.02.2015 passed by the Lok Adalat before the trial Court, on the ground that the award has been passed by mistake and there is identity of mind between the parties and hear the issue judiciously, by adducing proper evidence on either side and that the issue may be decided judiciously and the same was dismissed for default on 03.12.2016.

4.Now, the revision petitioner filed this Civil Revision Petition to challenge the award dated 14.02.2015 passed in Lok Adalat case No.31 of 2015 in O.S.No.277 of 2014 before the Taluk Legal Services Committee, Palani. In the meantime, the respondent herein/plaintiff has filed a execution petition in E.P.No.34 of 2020 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD).No.1340 of 2021 in O.S.No.277 of 2014 on the file of the District Munsif Court, Palani.

5.Since E.P.No.34 of 2020 in O.S.No.277 of 2014 is pending before the Court below the revision petitioner can seek their remedy before the Civil Forum by way of filing suit. 6.Accordingly, the revision petitioner is directed to file a suit to challenge the award passed in Lok Adalat case No.31 of 2015 in O.S.No.277 of 2014 dated 14.02.2015 before the Taluk Legal Services Committee, Palani, within a period of one month, from the date of receipt of copy of the order. Till then, E.P.No.34 of 2020 in O.S.No.277 of 2014 is stayed.

7.With the above observations, this Civil Revision Petition is disposed of with liberty to file suit. No Costs. Consequently, C.M.P.(MD)No.7696 of 2021 is allowed.

Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ksa Note 1: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The District Munsif Court, Palani.

2. The Officer Incharge, Taluk Legal Services Committee, Palani.

+1 CC to M/s.M.PONNIAH, Advocate ( SR-30235[F] dated 24/09/2021 ) Order made in C.R.P.(MD).No.1340 of 2021 22.09.2021 SRR(CO) TR/SKN(24.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2