S.Latha Vs K.Soundararajan

PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 30.11.2022 made in I.A.No.4 of 2022 in O.S.No.362 of 2021 on the file of the learned II Additional District Court, Trichy.

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For Petitioner : Mr.S.Vikram For Respondents : Mr.S.R.Rajagopal Senior Counsel assisted by Mr.S.Haja Mohideen

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

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CRP(MD). No.2132 of 2025

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ORDER

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This Civil Revision Petition has been filed challenging the order dated 30.11.2022 made in I.A.No.4 of 2022 in O.S.No.362 of 2021 on the file of the learned II Additional District Court, Trichy.

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2 .The respondents 1 and 2/plaintiffs have filed a suit in O.S.No. 362 of 2021 before the file of the II Additional District Court, Trichy, against one K.Dhandayutham/the defendant, who is now no more, for the relief of execution of preliminary decree, directing the defendant to pay a sum of Rs.15,00,000/- to the respondents 1 and 2/plaintiffs for the mortgaged amount or otherwise to sale the petition mentioned mortgaged property. Since there was a possibility of settlement, the matter was referred to Lok Adalat and there was a compromise reached between the parties. Based on such compromise, the following award was passed, vide Lok Adalat Case No.772 of 2021, dated 11.12.2021:

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“Plaintiff and Defendant present. Defendant agreed to

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decree the suit as prayed for. Plaintiff is entitled for 9% interest for the principal amount of Rs.15,00,000/- on 15.05.2009 till the realization of claim amount."

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CRP(MD). No.2132 of 2025

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3.Thereafter, the respondents 1 and 2 have filed an application in I.A.No.4 of 2022 before the II Additional District Court, Trichy, seeking for final decree to sale the petition mentioned mortgaged property for realization of the decree amount with subsequent interest and subsequently, the same was allowed on 30.11.2022. Challenging the same, the petitioners, who are third parties to the suit, filed the present Civil Revision Petition.

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4.The learned counsel for the petitioners would submit that the petitioners are the owners of the property and they purchased the property from one T.Veeramani. However, without any title or document, the respondents 1 and 2/plaintiffs have filed a suit as against the said K.Dhandayutham, who is the husband of the third respondent herein, and obtained a Lok Adalat Award by way of collusion and also filed I.A.No.4 of 2022 seeking final decree, which was allowed on 30.11.2022. Hence, he prays for appropriate orders.

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CRP(MD). No.2132 of 2025

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5.The learned Senior Counsel for the respondents would submit that at the time when the award was passed, the said Dhandayutham/defendant was alive and the matter was settled before Lok Adalat, by identifying the parties properly and by duly signing the papers by the learned counsel on either side as well as the respective parties. At this juncture, after a period of more than 4 years, only with an intention to protract the proceedings, the petitioners, who have no locus standi to file the present petition, have come before this Court. Hence, he prays for dismissal of this petition.

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6.Heard the learned counsel on either side and perused the records.

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7.Admittedly, the respondents 1 and 2/plaintiffs have filed a suit in O.S.No.362 of 2021 for the relief of execution of preliminary decree, directing the defendant to pay a sum of Rs.15,00,000/- to the respondents 1 and 2/plaintiffs and the matter was settled before Lok Adalat with the consent of both the parties, by passing an award, vide Lok Adalat Case No.772 of 2021, dated 11.12.2021. Subsequently, a final decree was also

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CRP(MD). No.2132 of 2025

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passed. At this stage, the petitioners/third parties claiming right over the property have come before this Court.

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8.Even though it is the main contention of the learned counsel for the petitioners that without any title or document, the respondents 1 and 2 have filed the suit and by playing fraud, they obtained the Lok Adalat Award, to prove such contention, nothing has been produced as to what are the fraud that has been committed by the respondents 1 and 2, except orally stating that there was a fraud has been committed by the respondents 1 and 2 in obtaining the award, which is not sufficient, before this Court by the petitioners.

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9.Further, it is to be noted that already the petitioners along with others have filed a suit in O.S.No.1019 of 2022 on the file of the Principal Sub Court, Trichy, seeking for the relief of permanent injunction against the first respondent and others.

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10.When there is a title dispute between the parties and the same is

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pending before the trial Court, this Court is not inclined to entertain the

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CRP(MD). No.2132 of 2025

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present petition and as such, this Civil Revision Petition stands

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dismissed. It is made clear that the suit, which has been decided before Lok Adalat, is only for money decree and the same will not impact the suit in O.S.No.1019 of 2022. The parties have to bind by the outcome of

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the decree to be made in O.S.No.1019 of 2022. The award passed in the Lok Adalat shall not be be disturbed. No costs. Consequently, connected

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Miscellaneous Petitions are closed.

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Speaking : Yes / No 10.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No mm

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To

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The II Additional District Judge, Trichy.

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