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2026 DAILYLAW 44569 (MAD)

Jeyakumar v. D.Vasanthakumar

CRP/1394/2026 · 2026-06-24

T V Thamilselvi

Transfer Petitionbody2026

Judgment text

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CRP No. 1394 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-06-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 1394 of 2026 and CMP.No.6772 of 2026 1. Jeyakumar S/o Ramasamy, D.No 3, Thottathusalai Street, Valayapalayam, Mopperipalayam VIllage, Sulur Taluk, Coimbatore District-59. Petitioner(s) Vs 1. D.Vasanthakumar S/o Duraisamy, D.No 1/41A, Samathottam, Valayapalayam, Kaaduvettipalayam Post, Karumathampatti Via, Sulur Taluk, Coimbatore District. 2.Kaliyammal W/o. Nanjappa Gounder, D.No.5/56, Chinna Irangattur Thottam, Dasapalayam, Kanjapalli, Coimbatore 641 652. 3.Duraisamy S/o. Palani Gounder, D.No.1/41A, Thottathusalai Veedhi, Valayapalayam, Mopperipalayam, Coimbatore 641 659. 4.Krishnasamy S/o. Palani Gounder, D.No.1/41A, Thottathusalai Veedhi, Valayapalayam, Mopperipalayam, Coimbatore 641 659. 5.Poovathal https://www.mhc.tn.gov.in/judis CRP No. 1394 of 2026 W/o. Shanmugam, D.No.6/67, Pallakadu, Ganapathypalayam, Mopperipalayam, Sulur, Coimbatore 641 659. 6.The District Collector O/o. District Collector, Coimbatore Dt 641 018. 7.The District Registrar O/o. District Registrar, Coimbatore Dt 641 018. 8.The Sub Registrar O/o. Sub Registrar - Annur, CSR Nagar, Avinashi Road, Annur, Coimbatore 641 653. Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, prays to set aside the Award dated 11.03.2022 passed in Lok Adalat case No.166 of 2022 in O.S.No.1431 of 2021 on the file of the Learned II Additional Subordinate Court, Coimbatore and consequently direct the 8th respondent to remove /delete the entry dated 18.04.2022 registered on its file as DOC No. 5104/2022 and pass such furhter or other order that this Honble Court. For Petitioner(s): MR.P.Tamilavel For Respondent(s): R1 To R5 - No Appearance Ms.S.Yogalakshmi Additional Government Pleader For R6 To R8 ORDER The facts reveal that the petitioner purchased the suit property on 17.02.2004 under Sale Deeds registered as Document Nos.3587 and 3588 of 2004 on the file of the Sub-Registrar Office, Annur. In respect of the remaining extent, Nallammal and others executed a Sale Deed in favour of the petitioner https://www.mhc.tn.gov.in/judis CRP No. 1394 of 2026 on 17.12.2004, which was registered as Document No.3589 of 2004 on the file of the Sub-Registrar Office, Annur. In the said Sale Deed, a typographical error had occurred with regard to the extent of the property. The said error was subsequently rectified by a Rectification Deed dated 24.05.2019, registered as Document No.4068 of 2019 on the file of the Sub-Registrar Office, Annur. Thus, the petitioner has absolute title over an extent of 3.01 acres in Survey No.476/B. Thereafter, the petitioner has been in peaceful possession and enjoyment of the property, and the revenue records were also mutated in his favour. Based on such mutation, the petitioner availed a loan from Axis Bank Ltd. 2. While so, without disclosing the petitioner's title and interest over the suit property, the respondents obtained a Lok Adalat Award by playing fraud. The Sale Deeds standing in the name of the petitioner clearly establish that, as on the date of the suit, the petitioner was the owner of the suit property measuring an extent of 3.01 acres in Survey No.476/B. Despite the petitioner having valid title deeds, the suit was instituted between the respondents without his knowledge, and they entered into a settlement before the Lok Adalat. Therefore, the Lok Adalat Award is not binding on the petitioner. 3. In the circumstances, this Court finds that the Lok Adalat Award is not legally sustainable and is liable to be set aside. Accordingly, the Award is set https://www.mhc.tn.gov.in/judis CRP No. 1394 of 2026 aside. Consequently, the encumbrance created in the registration records on the basis of the Lok Adalat Award/decree shall be removed. The suit is restored to file. 4. Liberty is granted to the petitioner to implead himself as a necessary party in the suit proceedings and to work out his rights in the manner known to law. The Trial Court shall thereafter proceed with the suit in accordance with law. District Legal Service Authority(DLSA), Coimbatore is directed to apply due diligence before recording Award, failing which action will be taken in accordance with law in future. 5. In view of the above, this Civil Revision Petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 24-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rri To 1.D.Vasanthakumar S/o Duraisamy, D.No 1/41A, Samathottam, Valayapalayam, https://www.mhc.tn.gov.in/judis CRP No. 1394 of 2026 Kaaduvettipalayam Post, Karumathampatti Via, Sulur Taluk, Coimbatore District. 2.Kaliyammal W/o. Nanjappa Gounder, D.No.5/56, Chinna Irangattur Thottam, Dasapalayam, Kanjapalli, Coimbatore 641 652. 3.Duraisamy S/o. Palani Gounder, D.No.1/41A, Thottathusalai Veedhi, Valayapalayam, Mopperipalayam, Coimbatore 641 659. 4.Krishnasamy S/o. Palani Gounder, D.No.1/41A, Thottathusalai Veedhi, Valayapalayam, Mopperipalayam, Coimbatore 641 659. 5.Poovathal W/o. Shanmugam, D.No.6/67, Pallakadu, Ganapathypalayam, Mopperipalayam, Sulur, Coimbatore 641 659. 6.The District Collector O/o. District Collector, Coimbatore Dt 641 018. 7.The District Registrar O/o. District Registrar, Coimbatore Dt 641 018. 8.The Sub Registrar O/o. Sub Registrar - Annur, CSR Nagar, Avinashi Road, Annur, Coimbatore 641 653. 9. The II Additional Subordinate Court, Coimbatore. 10. The District Legal Service Authority (DLSA), Coimbatore. https://www.mhc.tn.gov.in/judis CRP No. 1394 of 2026 T.V.THAMILSELVI J. rri CRP No. 1394 of 2026 24-06-2026 https://www.mhc.tn.gov.in/judis