Madras High Court
J.V.Suryanarayana vs A.Vijayabharahi on 8 December, 2021
C.R.P.(NPD).No.2722 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.(NPD).No.2722 of 2021
and
C.M.P.No.19925 of 2021
J.V.Suryanarayana .. Petitioner
[Cause title accepted vide Court order
dated 22.11.2021 made in
CMP.No.19079 of 2021 in
CRP.Sr.No.87569 of 2021.]
Vs.
Saroja (died)
1.A.Vijayabharahi
S.Ravindran (died)
2.R.Sripriya
3.R.Ashwath
4.R.Harsitha (Minor)
Minor represented by her natural guardian, her mother R.Sripriya
5.G.Prema
1/7
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C.R.P.(NPD).No.2722 of 2021
6.S.Kasturi
7.D.Sathya
8.C.B.Jayanthi
9.B.Ramesh
10.B.Sandhiya
11.A.Girija
12.J.Geetha
13.J.Manohar Reddy
14.J.Janardhana Reddy .. Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
of India, praying to set aside the order dated 09.08.2021 passed in the
interlocutory application in unnumbered I.A.Sr.No.491 of 2021 in
O.S.No.454 of 2004 by the Additional District Judge, Chengalpattu,
Kancheepuram District and to direct the learned Additional District Judge at
Chengalpattu, Kancheepuram District, to number, try and entertain the
interlocutory application in unnumbered I.A.Sr.No.491 of 2020 in
O.S.No.454 of 2004, here all the parties and pass orders thereon, before
continuing with the final decree proceedings.
For Petitioner : Mr.J.V.Suryanarayana,
Party-in-person
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C.R.P.(NPD).No.2722 of 2021
3/7
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C.R.P.(NPD).No.2722 of 2021
ORDER
This Revision is directed against the order rejecting the I.A.Sr.No.149
of 2020, an application filed for setting aside the preliminary decree in a
partition suit, on a contention that the decree was obtained by fraud and
suppression of material facts.
2. The preliminary decree was passed in the suit in O.S.No.454 of
2004 on 28.06.2007. An appeal was carried against the said decree in
A.S.No.630 of 2008, to this Court. The appeal was dismissed on
28.02.2017. Two Review Petitions were filed before this Court, one by the
petitioner herein and the other by some other respondent. The Review
petition filed by the petitioner was withdrawn. The Review Application
No.184 of 2018 was dismissed by this Court.
3. Thereafter, the petitioner moved the trial Court with the instant
application to set aside the preliminary decree. The trial Court rejected the
application on the ground that it is not maintainable.
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C.R.P.(NPD).No.2722 of 2021
4. Heard the petitioner, who appears in person.
5. The petitioner would contend that since the decree was obtained by
suppression of facts, the same Court can set aside the decree.
6. I am afraid, such a contention of the petitioner cannot be accepted.
The decree of the trial Court has been confirmed by the decree of this Court,
by dismissal of the appeal. Thus, the decree of the trial Court merges with
the decree of this Court. Admittedly, after the judgment, Review has also
failed.
7. While it is open to the petitioner to launch separate proceedings by
way of a suit, challenging the preliminary decree, I do not think this
application can be entertained and the trial Court was justified in dismissing
the application.
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C.R.P.(NPD).No.2722 of 2021
8. The Revision therefore fails and it is accordingly dismissed.
However, it is open to the petitioner to take appropriate proceedings,
questioning the decree, if he is so advised. No costs. Consequently, the
connected miscellaneous petition is closed.
08.12.2021
dsa
Internet :Yes
Index : No
Speaking order
To
The Additional District Judge,
Chengalpattu, Kancheepuram District.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD).No.2722 of 2021
R.SUBRAMANIAN, J.
dsa
C.R.P.(NPD).No.2722 of 2021
08.12.2021
https://www.mhc.tn.gov.in/judis
