Unknown vs Shanmugha Mudaliyar (Died)
2021 Latest Caselaw 22074 Mad

                                                                         Review Application No.63 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED : 09.11.2021
                                                          CORAM
                                  THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
                                          Review Application No.63 of 2021
                1. T. Murugaiyan
                2. T. Ravi
                3. D.Loganayaki
                4. A. Anusuya
                5. K. Santhakumari
                6. S. Jamuna
                7. Minor S. Saranya
                8. Minor S. Vidya
                (Minors 7 & 8 are rep. by mother
                and guardian S.Jamuna)
                (Cause title accepted vide as per order of the Court
                dated 05.09.2002 made in CMP No.12296 of 2002)                 .... Applicants

                                                           Vs
                1. Shanmugha Mudaliyar (Died)
                2. Suryamurthi Mudaliyar
                3. Maheswari
                4. Gopalakrishnan
                5. M. Dhandapani (Died)
                (R1-died. RR2 & 3 are recorded as LRs of the
                deceased R1. R5 died. R4 is recorded as LR
                of the deceased R5 vide order of Court dated
                20.09.2019 made in SA No.1539 of 2002
                as per memo dated 20.08.2019 in VSR No.
                24529 of 2019)                                                 .... Respondents
                Prayer :- Review Application filed under Order XLVII Rule 1 r/w. 114 of
                Civil Procedure Code to review the Judgment and Decree dated 27.02.2020
                made in S.A.No.1539 of 2002 on the file of this Court.
                                        For Petitioners     : Mrs.AL.Gandhimathi
                                                              for Mr.E.Kotteeswaran
                                        For R2              : Mr.B.Kumar
https://www.mhc.tn.gov.in/judis                              Senior Counsel for Mr.Usharaman

                4/4
                                                                            Review Application No.63 of 2021

                                                        ORDER

This Review Application has been filed to review the Judgment and

Decree passed by this Court dated 27.02.2020 in S.A.No.1539 of 2002.

2. Mrs.AL.Gandhimathi, learned counsel appearing for the

petitioner submitted that though the appellants raised specific ground for

adverse possession in respect of the suit property, this Court, while admitting

the Second Appeal, failed to frame the substantial question of law. The

appellants raised specific ground that they are admittedly in possession of the

suit property for several decades. She further submitted that in fact the Trial

Court also framed issues in this regard. Therefore, this Court failed to discuss

about the grounds raised by the appellants, while dismissing the Second

Appeal.

3. Per contra, Mr.B.Kumar, learned Senior Counsel appearing for

the second respondent submitted that the Trial Court has framed issues with

regard to the adverse possession and the same was discussed in a detailed

manner by the Appellate Court which rejected the claim of the appellants. He

further submitted that the appellants and the respondents are close relatives and

as such, they were permitted to reside in the suit property. That apart, it is

nothing but abuse of process of law. and it cannot be considered in the Second https://www.mhc.tn.gov.in/judis

Review Application No.63 of 2021

Appeal. Therefore, there is no error apparent on the face of the record to

review the Judgment passed by this Court and as such the Review Application

is liable to be dismissed.

4. In view of the above, the Review Application is dismissed.

09.11.2021 Lpp Index:Yes/No Internet:Yes/No Speaking Order: Yes/No

https://www.mhc.tn.gov.in/judis

Review Application No.63 of 2021

G.K.ILANTHIRAIYAN,J.

Lpp

Review Application No.63 of 2021

09.11.2021

https://www.mhc.tn.gov.in/judis