T.K.Ben Koshy vs Vijayaraj
2023 Latest Caselaw 6648 Mad

                                                                             C.R.P.SR.No.32970 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated : 20/6/2023

                                                        CORAM

                                   THE HONOURABLE Dr.JUSTICE D.NAGARJUN

                                        Civil Revision Petition SR.No.32970 of 2022
                                                             and
                                                  C.M.P.No.9905 of 2022

                     T.K.Ben Koshy                        ...        Petitioner

                                                            Vs

                     1. Vijayaraj
                     2. Vickaramadithyaraja
                     3. Annamma                           ...        Respondents

                     Prayer: Petition filed under Article 227 of the Constitution of India

                     against the judgment and decree dated 28/4/2021 made in O.S.No.29 of

                     2021 on the file of the II Additional District Judge, Pondicherry based on

                     the Lok Adalat Award vide Lok Adalat Case No.285/2021 dated

                     10/4/2021.



                                  For Petitioner           ...   Mr.R.Manohar

                                  For respondents         ...
                                                            Mr.T.S.Baskaran
                                                            for R.R.1 and 2
                                                            Mr.R.Sunil Kumar
                                                            for R.3.
                                                        ORDER

https://www.mhc.tn.gov.in/judis

C.R.P.SR.No.32970 of 2022

This Civil Revision Petition is filed seeking leave to file a revision,

challenging the decree and judgment, dated 28/4/2021, filed in

O.S.No.29 of 2021, on the file of the learned II Additional District Judge,

Pondicherry.

2. Heard Mr.R.Manohar, learned counsel for the petitioner,

Mr.T.S.Baskaran, learned counsel for the respondents 1 and 2 and

Mr.R.Sunil Kumar, learned counsel for the third respondent.

3. Learned counsel appearing for the petitioner submitted that

respondent Nos.1 and 2/plaintiffs have filed O.S.No.29 of 2021 against

the third respondent/defendant and subsequently, both the parties got

referred the matter to the Lok Adalat and Lok Adalat Award came to be

passed, on 28/4/2021.

4. It is further submitted that the subject matter of the suit schedule

property involved in O.S.No.29 of 2021 belongs to the petitioner and

neither the first and second respondents/plaintiffs nor the third

respondent/defendant are connected to the said property. Therefore, https://www.mhc.tn.gov.in/judis

C.R.P.SR.No.32970 of 2022

sought for filing of the Civil Revision Petition.

5. During the course of submissions, when the Court has questioned

him as to why he has chose to prefer a revision instead of filing the

declaratory suit, challenging the Award passed in Lok Adalat, the

learned counsel appearing for the petitioner sought permission of this

Court to withdraw C.M.P.No.9905 of 2023, with liberty to the petitioner

to file a suit challenging the Lok Adalat Award passed.

6. In view of the above, C.M.P.No.4436 of 2023 is dismissed.

Consequently, C.R.P.SR.No.3297 of 2022 is rejected. No costs.

20/6/2023

Index :yes/no Neutral Citation: Yes/No

mvs.

To

II Additional District Judge, Pondicherry

https://www.mhc.tn.gov.in/judis

C.R.P.SR.No.32970 of 2022

Dr.D.NAGARJUN,J

mvs.

Civil Revision Petition SR.No.32970 of 2022 and C.M.P.No.9905 of 2022

20/6/2023

https://www.mhc.tn.gov.in/judis