C.R.P.No.2196 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.06.2025 CORAM : THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR C.R.P.No.2196 of 2024 Lakshmi (died) 1.Velumani 2.Saraswathi 3.Rukkumani 4.P.Vadivel 5.Gowri 6.C.Rukumani ... Petitioners Vs. Krishnasamy ... Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India to direct the I Additional Subordinate Court, Erode, to number the Interlocutory Application for altering the Lok Adalat Compromise Decree passed on 22.04.2019. For Petitioners : Mr.K.Karthikeyan For Respondent : Mr.G.K.Premkumar https://www.mhc.tn.gov.in/judis C.R.P.No.2196 of 2024 O R D E R Challenging the docket order of the I Additional Subordinate Court, Erode, dated 28.08.3023, returning the application to amend the Lok Adalat Award, the present revision has been filed. 2.The suit in O.S.No.126 of 2019 was originally filed by the petitioners, for partition. It is the contention of the learned counsel for the petitioners that, though the matter has been settled between the parties in Lok Adalat, while drafting the Settlement Memo, in Item No.2 of the property, the Survey Number has been wrongly mentioned as “336/6 M” instead “336/6 K”. Further, in Item No.3 of the property, it has been mentioned as “,ilna tUk; 18 yp';!; mfy fpHnky; bghJg;ghijapd; tHpahf” instead of “kj;jpapy; fpHnkyhf 18 yp';!; mfyKk;. nkw;nf ngha; Kj;Jrhkp ft[z;lhpd; bjhz;Lg;gl;of;F fpHg[wk; tlf;nf 20 yp';!; mfyj;jpy; bjd;tlyhf bry;Yk; tz;og;ghijapd;”. Therefore, the present application has been filed by the petitioners before the trial Court to set right the mistakes. The trial Court has returned the application on the ground that, since the Award has been passed in Lok Adalat and final decree has already been passed in pursuance https://www.mhc.tn.gov.in/judis C.R.P.No.2196 of 2024 of the same, the petition is not maintainable. Challenging the same, the present revision has been filed. 3.Today, learned counsel for both sides are present. An affidavit signed by the parties and also attested by the Notary Public is filed today, wherein, all the parties in unison voice have stated that this was a bona fide mistake which had crept in while drafting the settlement memo. The parties have also enclosed the photocopy of their Aadhar Cards and other documents to show their identity. The learned counsel on either side have also submitted that the affidavit has been sworn by the parties. 4.Admittedly, the parties have settled the matter before the Lok Adalat and in terms of the settlement memo, Lok Adalat Award was passed on 22.04.2019. However, certain mistakes have crept in due to clerical error. The mistakes pointed out before this Court is only with regard to inadvertent error that instead of “K”, it is typed as “M” in Item No.2 of the property and instead of “20 links”, it is typed as “18 links” in Item No.3 of the property. Both parties have no objection for carrying out the amendments. Page 3 of 6 https://www.mhc.tn.gov.in/judis C.R.P.No.2196 of 2024 5.Though the Hon'ble Supreme Court, in the case of Compack Enterprises India Private Limited v. Beant Singh reported in (2021) 3 SCC 702, has held that the Constitutional Court, in exercise of its inherent power, may unilaterally rectify a consent decree suffering from clerical or arithmetical errors, as final decree has been passed, this Court is of the view that the trial Court shall make the necessary amendment in the final decree itself. 6.Accordingly, the docket order passed by the I Additional Subordinate Judge, Erode, dated 28.08.2023, in I.A.SR.No.8226 of 2023, is set aside and the parties are directed to appear before the trial Court and file an affidavit before the trial Court in this regard. On filing of such affidavit, the trial Court shall pass orders for carrying out necessary amendment in the final decree itself, within a period of two months thereafter. Page 4 of 6 https://www.mhc.tn.gov.in/judis C.R.P.No.2196 of 2024 7.With the above directions, this Civil Revision Petition is disposed of. No costs. 24.06.2025 mkn Internet : Yes Index : Yes Speaking order : Yes Neutral Citation : Yes To 1.The I Additional Subordinate Judge, Erode. 2.The Section Officer, VR Section, High Court, Madras. N. SATHISH KUMAR, J. https://www.mhc.tn.gov.in/judis C.R.P.No.2196 of 2024 mkn C.R.P.No.2196 of 2024 24.06.2025 https://www.mhc.tn.gov.in/judis