A. Sankaranarayanan v. M. Panchavarnam

ORDER The above civil revision petition is preferred as against the order passed in E.P.No.24 of 2019 in O.S.No.90 of 2013, dated 13.12.2019, on the file of the Subordinate Court, Valliyoor.

¶2According to the petitioner, the respondent/plaintiff filed the above suit in O.S.No.90 of 2013 on the file of the Subordinate Court, Valliyoor, for specific performance and also for permanent injunction. The said suit was referred to the Lok Adalat and an Award was passed in favour of the respondent/plaintiff. Thereafter, the respondent filed E.P.No.24 of 2019 for executing the decree and the same was allowed on

13.12.2019, against which, the present revision is preferred by the revision petitioner/defendant.

¶3The learned counsel for the revision petitioner would submit that the suit property is a joint family property and undivided property, wherein the petitioner does not have any individual right. The petitioner cannot execute any sale deed in favour of the respondent / plaintiff with respect to the suit property. The Executing Court cannot pass any order executing the decree in compliance of the Award dated 10.02.2018, since there is no cause for auctioning the property. Therefore, the order passed in E.P.No.24 of 2019 is liable to be set aside.

¶4On the other hand, the learned counsel for the respondent would submit that the Executing Court considering the materials available on records has rightly allowed the petition, which calls for no interference. He would further submit that the revision under Section 115 CPC does not lie against an Award passed by the Lok-Adalat.

¶5Heard the learned counsel appearing on either side .

¶6The respondent filed the suit in O.S.No.90 of 2013 and the matter was referred to Lok Adalat and in the Lok Adalat, the following Award has been passed:-

21.04.2011y; cgajug;gpdh;fspilNa Vw;gl;l fpua xg;ge;jg;gb Vw;wij Mw;Wif nra;Ak; ghpfhuk; Nfl;L thjpahy; jhf;fy; nra;ag;gl;Ls;sJ jug;gpdh;fs; Kd;dpiyahdhh;fs;. ,UtUk; Ngrp rkurk; nra;J nfhz;ldh;. mjd;gb fpua xg;ge;jj;jpy; Fwpg;gpl;Ls;s Kd;gzk; &.6>00>000 /- (&gha; MW ,yl;rk; kl;Lk;)- 12% tl;b tpfpjj;jpy; &. 6>00>000 /- (&gha; MW ,yl;rk; kl;Lk;) kw;Wk;

21.04.2013 Kjy; 21.04.2018 tiu 5 tUl fhyj;jpw;F (mWgJ

khjq;fs;)

&.3>60>000/-

(&gha; %d;W ,yl;rj;jp mWgjhapuk;) tl;bAk; Nrh;j;J Mf nkhj;jk; &.9>60>000/- (&gha; xd;gJ ,yl;rj;J mWgjhapuk;) 30.04.2018w;Fs; thjpaplk; gpujpthjp nrYj;Jtjhf xg;Gf; nfhz;lhh;. i\ njhifia ngw;Wf; nfhz;l gpd; thjp

21.04.2011 Njjpa fpua xg;ge;jj;ij uj;J nra;J nfhL;f;f rk;kjpf;fpwhh;.

¶7As per the said Award, the revision petitioner was directed to pay a sum of Rs.9,60,000/- on or before 30.04.2018. Since the revision petitioner/defendant failed to pay the said amount, the respondent/plaintiff was constrained to file the execution petition to execute the Award passed in the Lok Adalat. The said petition was allowed on 13.12.2019, against which, this revision petition is preferred. The said revision petition is not maintainable for the reason that the revision under Section 115 of CPC is not maintainable against any Award passed in the Lok Adalat, unless any misrepresentation is made for passing the award and the only option left to the revision petitioner is to prefer a writ petition challenging the Award passed in the Lok Adalat.

¶8In view of the above, this revision petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed.

17.08.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp To The Subordinate Judge, Valliyoor. K.GOVINDARAJAN THILAKAVADI,

J.

cp C.R.P.(MD)No.325 of 2020 Dated: 17.08.2023

THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2023 CORAM: THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI C.R.P.(MD)No.325 of 2020 and C.M.P(MD) No.1839 of 2020 A.Sankaranarayanan ... Petitioner Vs. M.Panchavarnam ... Respondent Prayer :- Petition filed under Section 115 of the Code of Civil Procedure, to set aside the order dated 13.12.2019 passed in E.P.No.24 of 2019 in O.S.No.90 of 2013 on the file of Subordinate Court, Valliyoor. For Petitioner : Mr.T.Thirumurugan For Respondent : Mr.M.S.Jeyakarthik