CRP/3000/2023 of KANAGAMANI Vs SELVARAJ (DECEASED) 1. Mylathal on 9 October 2026

COMMON ORDER

When these civil revision petitions came up for hearing on 30.09.2026, this Court after hearing the learned counsel for petitioners, passed the following order: “These civil revision petitions have been filed under Article 227 of the Constitution of India challenging the Lok Adalat award passed in Lok Adalat Case No.2 of 2022 in O.S.No.610 of 2020 on the file of IV Additional District Court, Coimbatore.

2. One Selvaraj filed the suit in O.S.No.610 of 2020 on the file of IV Additional District Court, Coimbatore, seeking for the relief of partition and for allotment of share in the suit schedule properties. The said Selvaraj had shown his mother, sister and brother as the defendants in the suit. Selvaraj, during the pendency of the suit, died on 12.08.2021. The first defendant, who is the mother Myilathal, was transposed as the plaintiff in the suit.

3. The matter was referred to the Lok Adalat and the parties entered into a settlement and filed a Joint Memo Compromise in Lok Adalat Case No.2 of 2022 based on which a Lok Adalat award was passed on 18.02.2022 and the same was registered before the Sub- Registrar Office, Mettupalayam, on 07.03.2022 as Document No.2368 of 2022.

4. The petitioner in C.R.P.No.3000 of 2023 is claiming a right and title over an extent of 1.41 acres in Survey No.529/1. The petitioner in C.R.P.No.4291 of 2023 is claiming right and title over all the three items of the suit schedule properties viz., in Survey No.531-38 cents, Survey No.532-2.79 acres and Survey No.552-2.32 acres. The petitioner in C.R.P.No.3903 of 2024 is claiming right and title over an extent of 26 cents in Survey No.529/1 and 1.05 acres in Survey No.531/1.

5. The common ground raised in all these three civil revision petitions is that a collusive suit has been filed before the Court below by concealing the material fact that the suit properties have already been dealt with and conveyed to third parties and the parties have conveniently entered into a compromise behind the back of the petitioners and thereby have committed fraud and managed to get an award passed by the Lok Adalat.

6. Insofar as the maintainability of the present revisions filed under Article 227 of the Constitution of India is concerned, it is too well settled that a Lok Adalat award can be challenged only by way of filing a petition under Article 227 of the Constitution of India. Useful reference can be made to the judgment of the Apex Court in Dilip Mehta v. Rakesh Gupta and others [2025 SCC OnLine SC 2737].

7. On the basis of the overwhelming materials placed before this Court, this Court called upon the learned counsel appearing for the contesting respondent to explain as to why such a suit was filed behind the back of the persons, who are already owning the properties and without adding them as parties in the suit. Learned counsel submitted that they have already sent a letter to the contesting respondents and till date, they have not received any instructions. Hence, learned counsel wants to make submissions based on the materials available. Post these revisions under the caption ‘part-heard cases’ on 01.10.2026.”

2. When these matters were taken up for hearing today, learned counsel appearing on behalf of the contesting respondents viz., Dhanalakshmi and Subramani @ Balasubramaniam submitted that they are no longer appearing on behalf of the respondents and they have given change of vakalath and there are no further instructions in this case.

3. In the light of the above stand taken on the side of respondents, this Court has to consider the submissions made by learned counsel appearing on behalf of petitioners and the materials available on record.

4. As stated in the earlier order, the common ground raised in these three civil revision petitions is that a collusive suit was filed before the Court below by concealing the material fact that the suit property has already been dealt with and conveyed to third parties and the parties to the suit conveniently entered into a compromise behind the back of the petitioners. Thus, the ground of fraud was raised. This Court, on going through the entire materials, found that there were overwhelming materials placed before the Court to interfere with the Lok Adalat award passed in Lok Adalat Case No.2 of 2022 in O.S.No.610 of 2020. There is absolutely no explanation on the side of the contesting respondents as to how they entered into the compromise when the properties have already been dealt with and the third party rights have already come into place. In view of the same, the Lok Adalat award passed on 18.02.2022 and the registration of the said award on 07.03.2022 before the Sub-Registrar Office, Mettupalayam, must be held to be illegal and non-est in the eye of law.

5. In the light of the above conclusion, the Lok Adalat award passed in Lok Adalat Case No.2 of 2022 dated 18.02.2022 is set aside and the registration of the Lok Adalat award before the Sub Registrar Office, Mettupalayam, on 07.03.2022 as Document No.2368 of 2022 is also set aside.

6. The suit in O.S.No.610 of 2020 is remitted back to the file of the IV Additional District Court, Coimbatore. If at all, the parties want to contest the suit, they have to do so by impleading all the necessary parties in the suit seeking for necessary relief. If no such steps are taken by the concerned parties within a period of eight (8) weeks from the date of receipt of a copy of this order, the IV Additional District Court, Coimbatore, shall close the suit in O.S.No.610 of 2020 for non-prosecution. In the result, all these civil revision petitions are allowed in the above terms. No costs. Consequently, connected miscellaneous petitions are closed. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To

1. The Sub Registrar Office, Mettupalayam.

2. The IV Additional District Court, Coimbatore.

N.ANAND VENKATESH, J. gm Civil Revision Petition Nos.3000 & 4291 of 2023 & 3903 of 2024 09-10-2026