Extracted from the PDF above. The PDF is authoritative.
CRP.No.5375 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.11.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.No.5375 of 2025 K.Murugan ... Petitioner Vs. K.Kandasamy ...Respondent PRAYER :Civil Revision Petition filed Article 227 of Constitution of India, praying, to set aside the petition and Docket order dated 14.10.2025 passed by the I Additional District Judge, Salem, in IA Sr.No.18423 of 2025 in OS No.718 of 2025 in Lok Adalat Case No.844 of 2025 by allowing the Revision Petition. For Petitioner : M/s.J.Sudhakaran For Respondent : Mr.G.Arunprasad
ORDER 1/5 https://www.mhc.tn.gov.in/judis
CRP.No.5375 of 2025 The civil revision petition is filed challenging the lok adalat award passed in Lok Adalat Case No.844 of 2025 in O.S.No.718 of 2025 on the file of 1st Additional District Court, Salem. 2. The petitioner herein filed a suit for partition against the respondent, his brother seeking allotment of '"B"schedule property to himself as per the oral unregistered partition that had taken place on 10.07.2025. The suit was referred to Lok Adalat and based on the compromise memo filed by both the parties, Lok Adalat award was passed on 13.09.2025. 3. Both the learned counsel for the petitioner and respondent submitted that there are certain clerical errors in the award passed by the lok adalat. Both the parties filed joint memo before this Court on 06.11.2025 wherein the clerical error that had crept in the lok adalat award are mentioned which is extracted hereunder:- a) instead of maternal grandmother it was wrongly typed as paternal grandmother. b) the date and the document number of Will was wrongly mentioned as Will dated 12.03.1973 in Doc.No.394/1973. The correct date and document number of 2/5 https://www.mhc.tn.gov.in/judis
CRP.No.5375 of 2025 Will is : Will dated 16.07.1990 in Doc.No.24/1990. c) the survey number of the property is Survey No.150/1. However, the same was omitted to be mentioned in the memo and therefore, the same was not mentioned in the award also. d) There was an omission to state, the partition deed is to be directed to be registered by Sub-Registrar, Magudanchavadi, Salem. 4. After noticing the error in the lok adalat award, the petitioner herein filed application before the Trial Court seeking amendment of the lok adalat award. The said application was returned as non-maintainable. Aggrieved by the same, the petitioner has come before this Court. 5. It is settled law that the party aggrieved by the lok adalat award can challenge the same only by filing a revision under Article 227 of Constitution of India. Therefore, the Trial Court is justified in returning the application filed by the petitioner seeking amendment.
However, both the learned counsel for the petitioner and the respondent would submit that in view of the various clerical errors found in the lok adalat award, the same may be set aside and the suit may be restored to the file of Trial Court to enable the parties to file a fresh 3/5 https://www.mhc.tn.gov.in/judis
CRP.No.5375 of 2025 compromise memo and record the same. The joint statement made by the
learned counsel for the petitioner and the respondent is recorded. Accordingly, the lok adalat award dated 13.09.2025 is set aside and O.S.No.718 of 2025 is restored to the file of I Additional District Judge, Salem.
6. Both the parties are at liberty to file proper application for recording joint compromise memo. If any such application is filed by the parties, the same shall be disposed of in the manner known to law as expeditiously as possible.
7. With this direction, the civil revision petition stands disposed of. No costs. 06.11.2025 Index : Yes / No Internet : Yes / No nr To The I Additional District Judge, Salem.
S.SOUNTHAR , J. nr 4/5 https://www.mhc.tn.gov.in/judis
CRP.No.5375 of 2025 CRP.No.5375 of 2025 06.11.2025 5/5 https://www.mhc.tn.gov.in/judis