T. Murugaiyan vs Shanmugha Mudaliyar (Died)
2021 Latest Caselaw 22077 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)                              ....        Applicants
                                                           Vs
                     1. Shanmugha Mudaliyar (Died)
                     2. Suryamurthi Mudaliyar
                     3. Maheswari
                     4. Gopalakrishnan
                     5. M. Dhandapani (Died)                        ....    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.

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

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 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

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

09.11.2021

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