Madras High Court
CRP/662/2026 of S.Marappan Vs Saraswati on 31 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31-08-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 662 of 2026 and
CMP No.3577 of 2026
1. S.Marappan
S/o. Late Sangragounder,
Majara Neru Nagar,
Nallur Village,
Sathiyamangalam Taluk,
Erode District.
2. S.Natarajan
S/o. Late Sangragounder,
Majara Neru Nagar,
Nallur Village,
Sathiyamangalam Taluk,
Erode District.
..Petitioner(s)
Vs
1. Saraswati
W/o. Vellingri,
D/o. Late Pazhanisamy,
D.No.8/221,
Kollummey Colony,
Alukkuli Village,
Sathyamangalam Taluk,
Erode District.
2. Karuchiannan alias Karuppusamy
S/o. Late Rangasamy Gounder,
D.No.7/31,
Ponnampalayam Nallur,
Punjaipuliyampatti Village,
Sathiyamangalam Taluk,
Erode District.
3. Vellusamy
S/o. Late Rangasamy Gounder,
D.No.28/35, Ponnampalayam, Nallur,
Punjaipuliyampatti Village,
Sathiyamangalam Taluk,
Erode District.
4. Nandhagopal
S/o. Late Rangasamy Gounder,
D.No.28/35, Ponnampalayam, Nallur,
Punjaipuliyampatti Village,
Sathiyamangalam Taluk,
Erode District.
5. Dhanalakshmi
W/o. Sureshkumar, D/o. Velusamy,
D.No.11/376, Vaathiyar Thottam,
Mettukaadu, Kurumanthur,
Gobichettipalayam Taluk,
Erode District.
6. Subramaniam
S/o. Late Rangasamy Gounder,
D.No.7/592/1,
Gandhipuram, Nallur,
Punjaipuliyampatti Village,
Sathiyamangalam Taluk,
Erode District.
7. Sivakumar, S/o. Subramaniam
D.No.7/592/1,
Gandhipuram, Nallur,
Punjaipuliyampatti Village,
Sathiyamangalam Taluk,
Erode District.
8. Thirumoorthy, S/o. Subramaniam
D.No.7/592/1,
Gandhipuram, Nallur,
Punjaipuliyampatti Village,
Sathiyamangalam Taluk, Erode District.
..Respondent(s)
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the Lok Adalat Award dated 8.12.2018 passed in LA. Case No.214 of 2018 organised by the Sathiyamangalam Legal Services Committee in OS.No. 168 of 2018 on the file of the Subordinate Court, Sathiyamangalam.
For Petitioner(s):
Mr. M/s. J.Ranjithkumar
For Respondent(s):
Mr.Manjunath Karthikeyan
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ORDER
This Civil Revision Petition has been filed under to set aside the Lok Adalat Award, dated 8.12.2018 passed in LA Case No.214 of 2018 organised by the Sathiyamangalam Legal Services Committee in OS.No. 168 of 2018 on the file of the Subordinate Court, Sathiyamangalam.
2. The suit in O.S.No.168 of 2018, filed by the first respondent against the respondents 2 to 8, seeking partition of ¼ share in the schedule mentioned properties, was decreed by an Lok Adalat award, allotting the respective shares to the parties. The petitioners herein, have challenged the said Lok Adalt Award, contending that the property belonging to the petitioners has been included in the above said suit mischievously by the respondents, in active collusion, to defeat the legitimate rights of the petitioners.
3. It is brought to my notice by the counsel on either side that two suits are pending before the District Munsif Court, Sathiyamangalam and one is filed by the respondents in O.S.No.106 of 2022 and the another is filed by the petitioners in O.S.No.212 of 2022, however, both the suits are only for permanent injunction. It is also brought to my notice that Trial has commenced in one of the suits.
4. The suit in O.S.No.168 of 2018, to which admittedly the petitioners were not parties, was referred to Lok Adalat in Lok Adalat Case No.214 of 2018, wherein, by order dated 08.12.2018, an award came to be passed. Based on the said Award, the respondents are also attempting to mutate the revenue records in their favour and also attempting to take possession of the subject property. This has resulted in two cross suits for permanent injunction. In fact, I have also been informed by the learned counsel on either side that an application was filed by the petitioners in I.A.No.5 of 2025 in O.S.No.212 of 2022, seeking amendment of the relief by incorporating a declaratory relief, declaring the judgment and decree passed in O.S.No.168 of 2018 as null and void, however, the same has been dismissed and the petitioners have not challenged the said dismissal of the amendment application.
5. The case of the petitioners is that they are the absolute owners of the suit property, whereas, the counter claim made by the respondents is that they alone are entitled to the suit property and the petitioners are not having any right or title over the same. Even though the application filed by the petitioners for amendment has been dismissed, even in a suit for permanent injunction, the court is entitled to incidentedly go into the issue of title and to decide the same, more so, in the present case, where the respondents have an Award passed in their favour before the Lok Adalath, to which, the petitioners are admittedly not signatories/parties.
6. In view of the above, the civil revision petition is disposed of with the following directions:-
i) The suit in O.S.No.106 of 2022 and O.S.No.212 of 2022 shall be jointly tried by the District Munsif, Sathiyamangalam.
ii) The Trial Court shall also frame an issue with regard to title of the parties and shall render positive findings, declaring title of the petitioners or the respondents, subject to oral and documentary evidence adduced in this regard.
iii) In the event of the petitioners succeeding on the said issue, ultimately the Lok Adalat Award passed in L.A.Case No.214 of 2018 would not be binding on them. At the same time, if the respondents succeed, then, they are entitled to take the benefit of the Lok Adalat Award.
iv) In view the above, there is no necessity for setting aside the Lok Adalat Award passed in L.A.Case No.214 of 2018, dated 08.12.2018.
v) Since joint trial is being ordered, it shall be open to the respondents to file additional proof affidavit and raise all available contentions, both in fact and law.
vi) The learned District Munsif, Sathiyamangalam shall endeavour to expedite the trial and dispose of the suits inO.S.No.106 of 2022 and O.S.No.212 of 2022 on or before 30.04.2027. There shall be no order as to costs. Connected miscellaneous petition is closed. 31-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To
1. The Subordinate Judge, Sathiyamangalam.
2. The District Munsif, Sathiyamangalam.
P.B.BALAJI, J. MST CRP No. 662 of 2026 31-08-2026