Hajiral Banu vs Mariappan
2022 Latest Caselaw 7465 Mad

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                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 08.04.2022

                                                     CORAM

                                     THE HON'BLE MR. JUSTICE A.A.NAKKIRAN

                                           REV.APLC(MD)No.59 of 2022
                                           & CMP.(MD)No.2313 of 2022

                                            in S.A.(MD)No.420 of 2021
                                            &CMP(MD).No.5568 of 2021

                     Mumtaj Begam (Died)

                     1.Hajiral Banu
                     2.Abdul Rahman
                     3.Sithik Ali
                     4.Subaithal Banu                            ...Applicants/Appellants

                                                       Vs.

                     1.Mariappan
                     2.Santha Mariappan
                       Sakthi Mariappan (died)
                     3.Selvamari
                     4.Jabar Mohamed KasimBeer
                     5.Kanagaraj
                       Sundarraj(died)
                     6.Suresh Kumar
                     7.R.Chandrasekar
                     8. V.Esaakkiammal
                     9. V.Sabarishwari                       ...Respondents/Respondents


                     Prayer:- Review Application filed under Order XLVII Rule 1 of CPC

                     r/w. Section 114 of CPC to review the order dated 17.11.2021 made in

                     S.A.(MD)No.420 of 2021.




https://www.mhc.tn.gov.in/judis
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                                       For Appellants    : Mr.V.Kannan

                                       For Respondents : No appearance


                                                         JUDGMENT

The appellants in S.A.(MD)No.420 of 2021 has filed this review

application for reviewing the order dated 17.11.2021 made in the

above application. The facts of the case has been narrated in detail in

the order under review and hence, it is not necessary to restate the

facts once again.

2. This Court, after considering the facts and circumstances of

the case, has dismissed the appeal and the applicant has filed this

application seeking review of the said order dated 17.11.2021.

3. Heard the learned counsel for the applicants/appellants.

4. The review application has limited purpose and cannot be

allowed to be "an appeal in disguise". The review is by no means an

appeal in disguise whereby an erroneous decision is reheard and

corrected but lies only for patent error.

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

5. The applicant under the guise of this review application wants

to re-agitate the matter once again afresh and in the light of the

settled position of law, it is impermissible. There is no mistake or

error apparent on the face of the order under review and this Court

finds no merit in the review application and therefore, the review

application is dismissed at the admission stage itself. Consequently,

connected miscellaneous petition is closed. No costs.

08.04.2022 gv

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

A.A.NAKKIRAN, J.

gv

REV.APLC(MD)No.59 of 2022 & CMP.(MD)No.2313 of 2022

in S.A.(MD)No.420 of 2021 &CMP(MD).No.5568 of 2021

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

08.04.2022

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