01Facts
David Raj filed a civil revision petition under Article 227 of the Constitution challenging the order dated 13 February 2023 in I.A. No. 5 of 2022 in O.S. No. 114 of 2019, on the file of the Subordinate Court, Sivakasi.
¶ 1 · p. 1During the revision, the parties consented to mediation and reached a written settlement dated 15 October 2026. The settlement addressed disputes arising from a sale transaction and related proceedings, and the parties jointly requested that the revision be disposed of in its terms.
¶ 2 · pp. 2–802Issues
i.Whether the parties’ mediated settlement should be recorded and made part of the order disposing of the civil revision petition.
¶ 2 · pp. 2–8ii.Whether the civil revision petition and connected miscellaneous petition should be disposed of in accordance with that settlement.
p. 9 · ¶ 403Law Applied
The petition invoked the High Court’s supervisory jurisdiction under Article 227 of the Constitution.
p. 1The Court did not discuss the scope of Article 227, cite any precedent, or apply a separate statutory test. It acted on the parties’ written mediated settlement and directed that the settlement agreement form part of the decree.
p. 9 · ¶ 4Provisions in the judgment · 3 · Linked ones open on LawLens
Negotiable Instruments Act, 1881 Section 138
Indian Penal Code, 1860 Section 420
Code of Criminal Procedure, 1973 Section 320
04Reasoning
The Court recorded that the parties had voluntarily settled their disputes through mediation and had signed the settlement agreement.
¶ 2 · pp. 2–8As both parties sought disposal on those terms, the Court accepted the agreement, incorporated it into the decree, and did not adjudicate the merits of the challenge to the Subordinate Court’s order.
p. 9 · ¶ 405Holding
The civil revision petition was disposed of in terms of the mediation report and settlement agreement dated 15 October 2026; that agreement was made part of the decree.
p. 9 · ¶ 4No costs were awarded, and the connected miscellaneous petition was closed.
p. 9 · ¶ 4Original Court PDF
DAVID RAJvsCHELLA
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