Two miscellaneous civil petitions filed to accept cause title and grant leave to pursue a revision petition. Leave was granted to institute the CRP challenging a Lok Adalat award.
Leave granted to file the Civil Revision Petition.
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C.M.P.Nos.13618 & 13619 of 2023 in C.R.P.SR.No.58866 of 2023
V.BHAVANI SUBBAROYAN, J.
C.M.P.No.13618 of 2023 has been filed to accept the cause tile.
C.M.P.No.13619 of 2023 has been filed to grant leave in instituting the CRP
against the respondents.
2.Heard Mr.S.Vijaya Kumar, learned Senior Counsel appearing for
Mr.J.Melwin Jabaz, learned counsel for the petitioner.
3.It was submitted by the learned counsel for the petitioners that only on the
ground of fraud committed by the respondents 1 to 3 by suppressing the title
documents, an Award was passed by the Lok Adalat. Even though the petitioners
were not made as party to the proceedings, an Award had been passed by the Lok
Adalat, which is not in accordance with the law established. It was further
submitted by the learned counsel for the petitioners that the respondents 1 to 3
have no title to the suit schedule property and no single piece of document was
filed along with the plaint to prove the title with regard to schedule 1 to 3 and
behind back of the petitioners, the respondents 1 to 3 had obtained Award and the
same has to be set aside.
4.Since they are not party to the proceedings, the petitioners can challenge
the Award only after getting permission from this Court. Accordingly, leave is
granted as prayed for.
5.Being satisfied with the reasons stated in the affidavits filed in support of
these petitions and considering the submission made by the learned Senior
Counsel for the petitioner, the petitions are ordered as prayed for.
6.Registry is directed to number the Civil Revision Petition if it is otherwise
in order.
01.08.2023
pam
V.BHAVANI SUBBAROYAN, J.
pam
C.M.P.Nos.13618 & 13619 of 2023 in C.R.P.SR.No.58866 of 2023
01.08.2023
Mr. J.Melwin Jabaz
Mr.S.Vijaya Kumar
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
