Kannaiah ... Review vs Akkammal ... 1St
2022 Latest Caselaw 7854 Mad

                                                                             Rev.Aplc(MD)No.65 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 13.04.2022

                                                         CORAM:

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                                Rev.Aplc(MD)No.65 of 2022


                     Kannaiah                               ... Review Petitioner / 1st Respondent

                                                             Vs.

                     1.Akkammal                                    ... 1st Respondent / Appellant

                     2.Kannammal                               ... 2nd Respondent / 2nd Respondent

                     PRAYER: Petition filed under Order 47 Rule 1 r/w Section 114 of
                     C.P.C., to review the order of this Court dated 08.10.2021 made in S.A.
                     (MD)No.1043 of 2005.
                                       For Petitioner       : Mr.M.Prabu

                                                          ORDER

The first respondent in S.A.(MD)No.1043 of 2005 has filed this

review application. The second appeal was dismissed in the following

terms:-

“The learned counsel appearing for the appellant informs the

Court that the matter has been settled out of Court. This second

appeal is dismissed accordingly.”

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

Rev.Aplc(MD)No.65 of 2022

2. The grievance of the petitioner is that when he filed a petition

for passing final decree, the same was returned by the District Munsif

Court, Kovilpatti on the ground that the memo of settlement has not been

filed. This cannot be a ground for filing a review application.

The review application can be filed only if the order suffers from an

apparent error on the fact of the record. I had dismissed the second

appeal. That means that the judgment and decree impugned therein can

be executed. I had merely recorded the submission of the learned

counsel appearing for the appellant that the matter has been settled out of

the Court. I had not even observed that this submission was endorsed or

confirmed by the learned counsel for the respondents in the second

appeal. Therefore, the petitioner should pursue the matter before the

Court to pass the final decree. He must re-present the petition and if it is

still returned, he must challenge the order of return by filing a Civil

Revision Petition under Article 227 of the Constitution of India. The

question of filing a review petition under Order 47 Rule 1 of C.P.C is

thoroughly misconceived.

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Rev.Aplc(MD)No.65 of 2022

3. The Review Application stands dismissed with the aforesaid

observation.

                                                                           13.04.2022

                     Index :Yes/No
                     Internet    : Yes/No
                     rmi




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

                                     Rev.Aplc(MD)No.65 of 2022

                                    G.R.SWAMINATHAN,J.

                                                         Rmi




                                  Rev.Aplc(MD)No.65 of 2022




                                                  13.04.2022




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