T. Murugaiyan vs Shanmugha Mudaliyar
2021 Latest Caselaw 22076 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. S. Saranya
                     8. S. Vidya                                          ....         Applicant

                                                            Vs

                     1. Shanmugha Mudaliyar
                     2. Suryamurthi Mudaliyar
                     3. Maheswari
                     4. Gopalakrishnan
                     5. M. Dhandapani                               ....    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
                                                                  Senior Counsel for Mr.Usharaman

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

https://www.mhc.tn.gov.in/judis Review Application No.63 of 2021

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 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

G.K.ILANTHIRAIYAN,J.

https://www.mhc.tn.gov.in/judis Review Application No.63 of 2021

Lpp

Review Application No.63 of 2021

09.11.2021

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