Madras High Court
Suharthi @ Furshia Nihal vs N.Ilayalwar ... 1St on 10 March, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R..P.(PD)(MD).No.173 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(PD)(MD)No.173 of 2025
and
C.M.P(MD) No.1160 of 2025
Suharthi @ Furshia Nihal
Represented by her Power Agent,
K.Chandran
No.107, Muthananthapuram,
1st Street, Kovilpatti,
Thoothukudi District. ... Petitioner/
1st Defendant
Vs.
1. N.Ilayalwar ... 1st Respondent/Plaintiff
2. Ramkumarpandian @
Ramkumar Raja
3. The Firka Surveyor,
Taluk Office,
Ettaiyapuram.
4. The Tahsildar,
Taluk Office,
Ettaiyapuram.
5. The District Collector,
Collectorate,
Thoothukudi. ... Respondents 2 to 5/
Defendants 2 to 5
1/5
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C.R..P.(PD)(MD).No.173 of 2025
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
India, to strike out the plaint in O.S.No.184 of 2023 on the file of the Sub
Court, Kovilpatti, Thoothukudi District.
For Petitioner : Mr.N.Marivel
For R 3 to R5 : Mr.S.P.Maharajan
Special Government Pleader
ORDER
The first defendant in O.S.No.184 of 2023, on the file of the Sub Court,
Kovilpatti, has filed the present Civil Revision Petition to strike off the plaint
in the above said suit.
2. A perusal of the plaint reveals that the said suit has been filed for the
relief of declaration of title over the site and for a permanent injunction. The
plaintiff has further prayed for a declaration that the registered partition
Document No.1073 of 2022 as null and void.
3. According to the learned counsel appearing for the revision
petitioner, the partition deed has been registered pursuant to a Lok Adalat
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C.R..P.(PD)(MD).No.173 of 2025
Award, dated 12.03.2022, and therefore, the plaintiff has sought for setting
aside of the Lok Adalat Award only. The learned counsel appearing for the
revision petitioner had relied upon the judgment of the Hon'ble Supreme
Court in 2017 (5) CTC 775 (Bharvagi Constructions and another
Vs.Kothakapu Muthyam Reddy and others) to contend that the Lok Adalat
Award cannot be challenged before the Civil Court and it can be challenged
only under Article 226 or 227 of Constitution of India. On the above said
grounds, the present Civil Revision Petition has been filed seeking to strike
off the plaint.
4. Apart from the prayer for declaration of partition deed as null and
void, the plaintiff has further prayed for declaration of his title over the site as
well as for permanent injunction. It is settled position of law, that a plaint
cannot be partially rejected. Either the plaint has to be rejected as a whole or
the parties has to be directed to undergo the trial. In the present case, merely
because, the partition deed which is based upon the Lok Adalat Award is
under challenge, the plaint cannot be rejected in entirety.
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C.R..P.(PD)(MD).No.173 of 2025
5. In view of the above said deliberations, this Civil Revision Petition
stands disposed of, with liberty to the revision petitioner to raise all the
grounds before the trial Court. There shall be no order as to costs.
Consequently connected Miscellaneous Petition stands closed.
10.03.2025
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Sub Court, Kovilpatti,
Thoothukudi District.
2. The Firka Surveyor,
Taluk Office, Ettaiyapuram.
3. The Tahsildar,
Taluk Office, Ettaiyapuram.
4. The District Collector,
Collectorate, Thoothukudi.
5. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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C.R..P.(PD)(MD).No.173 of 2025
R.VIJAYAKUMAR,J.
ebsi
10.03.2025
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