Gopal Konar vs Muthan
2021 Latest Caselaw 21085 Mad

                                                                        Rev.Aplc.(MD)No.11 of 2020

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 21.10.2021

                                                       CORAM

                                   THE HONOURABLE Mr. JUSTICE R.PONGIAPPAN

                                        Review Application (MD) No.11 of 2020
                                                         in
                                                 S.A.No.193 of 2001

                     1.Gopal Konar
                     2.Veera Sangan
                     3.K.Palaniyappan                             ... Petitioners / Appellants

                                                           Vs.

                     1.Muthan
                     2.Chinnaiyya
                     3.Murugesan
                     4.Natarajan                                  ... Respondents / Respondents


                     Prayer : Review Application is filed under Order 47 Rule 1 read with

                     Section 114 CPC, against the judgment dated 21.06.2019, passed in S.A.No.

                     193 of 2001, on the file of this Court.


                                         For Petitioners : Mr.S.Muthukrishnan

                                         For Respondents : Mr.N.R.Balaji




                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                           Rev.Aplc.(MD)No.11 of 2020

                                                          ORDER

This Review Application has been filed to review the judgment of this

Court, passed in S.A.No.193 of 2001, dated 21.06.2019.

2.It is the submission of the learned counsel appearing for the review

petitioners that in respect of the suit schedule property, already two suits are

pending before the competent Court and the same has not been informed

either before the trial Court or before the first appellate Court and therefore,

it is necessary to re-consider the judgment dated 21.06.2019, passed in

S.A.No.193 of 2001.

3.Now, on considering the said submission with the relevant records,

if it is true that there are other litigations are pending in respect of the suit

schedule property, it is for the plaintiffs or for the defendants to bring it to

the knowledge of the Court at the time of disposing the second appeal. In

otherwise, the lapses committed by the parties cannot be termed as an error

apparent in the judgment. Accordingly, I am of the considered view that

there is no error apparent in the judgment dated 21.06.2019, passed in

S.A.No.193 of 2001.

https://www.mhc.tn.gov.in/judis/ Rev.Aplc.(MD)No.11 of 2020

4.Hence, in view of the above, this Review Application is dismissed.

No costs.

21.10.2021

Speaking/Non-speaking order Index : Yes/No smn2

https://www.mhc.tn.gov.in/judis/ Rev.Aplc.(MD)No.11 of 2020

R.PONGIAPPAN, J.

smn2

Review Application (MD) No.11 of 2020 in S.A.No.193 of 2001

21.10.2021

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