In a National Lok Adalat award, the Madurai Bench disposed of three civil matters (appeals and revision petition) involving property disputes. The court recorded a joint compromise memo filed by both parties and ordered refunds of court fees.
Cases disposed of based on a joint compromise memo; court fees refunded to appellants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI
Madurai Bench of Madras High Court, Madurai - 625023
Saturday the 11th day of February 2023 NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 or Legal Services Authorities Act, 1987)
Presided Over by
The Honourable Mr Justice R.VIJAYAKUMAR
and
Members
MR.A.SUBRAMANIAN, District Judge(Retired) & MR.T.S.MOHAMMED MOHIDEEN, Advocate
AS(MD) No.78 & 79 of 2018 and C.R.P(MD)No.1159 of 2019
A.S(MD)No.78 of 2018:
2.J.Vasanthi (died)
Vs.
Prayer in A.S.(MD)78 of 2018:
This appeal is filed under Section 96 of the Civil Procedure Code, against the decree and judgment dated 14.09.2016 rendered in O.S.No.01 of 2020 on the file of the Additional District Court, Virudhunagar.
A.S(MD)No.79 of 2018:
2.J.Vasanthi (died)
Vs.
Mathusoothanan .. Respondent/counter claimant /2nd Defendant
Prayer in A.S.(MD)79 of 2018:
This appeal is filed under Section 96 of the Civil Procedure Code, against the decree and judgment dated 14.09.2016 rendered in counter claim in O.S.No.01 of 2010 on the file of the Additional District Court, Virudhunagar.
C.R.P(MD)No.1159 of 2019:
1.Jeyachandran
Mathusoothanan .. Respondent/Petitioner
Prayer in C.R.P(MD)No.1159 of 2019:
This petition is filed under Section 115 of the Civil Procedure Code, against the order dated 16.04.2019 passed in E.P.No.02 of 2018 in counter claim in O.S.No.01 of 2010 on the file of the Additional District Court, Virudhunagar.
These cases came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellants/petitioners Ms. P.Jessi Jeeva Priya for Mr.M.Arumugam and the counsel for the respondent/s Mr.G.Mariappan are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.
AWARD
Today, both the parties have represented that they have settled the matter and they have also filed a joint compromise memo dated 11.02.2023. The said joint compromise memo is recorded.
In view of the above said joint compromise memo, A.S.(MD)Nos.78 of 2018 and 79 of 2018 and C.R.P.(MD)No.1159 of 2019 are disposed of in terms of the joint compromise memo. The joint compromise memo shall form part of the award.
The Appellants and the learned counsel appearing for the Appellants submitted that during the pendency of the Appeal Suits and the Civil Revision Petition, the second Appellant / second petitioner viz., Mrs. J. Vasanthi expired on 05.11.2020 and her legal heirs Mr. Jeyachandran, Ms.Kanimozhi, and Mr.Vijayarajan were already on record and the same may be recorded in Appeal Suits and the Civil Revision Petition.
The learned counsel for the Appellant shall produce the death certificate and legal heirship certificate of Mrs. J. Vasanthi. On production of the death certificate and legal heirship certificate of Mrs. J. Vasanthi, the Registry is directed to carry out
the necessary amendment in the cause title and thereafter only issue the Award copy to all concerned.
1.Jeyachandran 2.J.Vasanthi (died)
3.Kanimozhi
4.Vijayarajan Counsel for the Appellants/Petitioners
KAMATCHINATHAN,
MATHUSOOTHANAN,
Counsel for the Respondents
This Lok Adalat award is passed in terms of the above settlement.
The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.
JUDGE
MEMBER
MEMBER
To: The Parties/Advocate concerned Copy To
Typed By PJL/PS/TA PA To The Hon'ble Judges
2 issues framed by the court
Whether the settled disputes under Appeal Suits and Civil Revision Petition are to be disposed of based on the joint compromise memo.
Whether court fees paid shall be refunded to the appellant as per the LSA Act.
3 provisions across 2 enactments
Jeyachandran & others
Mathusoothanan and Kamatchinathan
R.VIJAYAKUMAR
A.SUBRAMANIAN
T.S.MOHAMMED MOHIDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
