LAWS(MAD)-2021-7-29

KANDAYAMMAI Vs. V.P.SEKAR

Decided On July 30, 2021
Kandayammai Appellant
V/S
V.P.Sekar Respondents

JUDGEMENT

(1.) This Revision Petition has been filed under Section 115 of the Code of Civil Procedure by the second plaintiff in O.S.No. 231 of 2016 which is pending on the file of the III Additional District Court, Salem, questioning the order dated 22.08.2019 in I.A.No. 228 of 2019.

(2.) The revision petitioner filed I.A.No. 228 of 2019 under Order 23 Rule 3 and explanation 3 of CPC read with Section 151 CPC seeking to set aside the compromise award passed by the Lok Adalat dated 20.09.2017 and consequential final decree passed in O.S.No. 231 of 2016 on 22.09.2017.

(3.) The suit in O.S.No. 231 of 2016 had been filed by V.P. Sekar, the eldest son of this petitioner and the petitioner herein. It had been filed against the second son of this petitioner P.Loganathan, his two sons L.Ramesh and L.Suresh, his wife L.Selvamani and his daughter-in-law R.Tamilselvi, seeking a Judgment and Decree in the nature of partition into three equal parts and separate possession of the suit properties and for injunction restraining the defendants from alienating or encumbering the suit properties and for costs of the suit.