Parvathiammal ... Review vs Esakkiammal @ Yasotha
2022 Latest Caselaw 274 Mad

                                                                              Rev.Aplc(MD)No. 139 of 2021

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 05.01.2022

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                         Rev. Application (MD).No. 139 of 2021
                                                          And
                                              CMP(MD). No. 9460 of 2021

                     Parvathiammal                               ... Review Petitioner/Respondent

                                                            Vs

                     Esakkiammal @ Yasotha                       ... Respondent/Appellant

                     PRAYER: Review Application is filed under Order 47 Rules 1 & 2 read
                     with Section 114 of C.P.C., to review the Judgment and Decree of His
                     Lordship Hon'ble Mr. Justice R.Subramanian dated 26.02.2021 passed in
                     S.A.(MD).No. 300 of 2015.
                                                            ***
                                           For Petitioner        : Mr. P. Sivasubramanian

                                                       ORDER

The review of the Judgment dated 26.02.2021 in S.A.(MD).No.

300 of 2015 is sought for solely on the ground that the adoption is not been

proved.

https://www.mhc.tn.gov.in/judis Rev.Aplc(MD)No. 139 of 2021

2. The plaintiff claimed that he is entitled to the suit property on

the ground that he is the adopted son of Karuppasamy Asari and

Muthulakshmi. The trial Court accepted the adoption and decreed the suit.

On appeal, the Appellate Court disbelieved the adoption and reversed the

Judgment of the trial Court, thereby dismissing the suit.

3. In the Second Appeal, I had upon consideration of the evidence

on record concluded that the Appellate Court was wrong in disbelieving the

adoption and had allowed the Appeal. In course of the Judgment, I have

also pointed out as to why the findings of the Appellate Court cannot be

upheld.

4. In this Review, Mr.P.Sivasubramanian, learned counsel

appearing for the Review Petition would strenuously contend that the non

examination of the natural father of the plaintiff is fatal to the suit.

According to him, in view of the fact that the natural father who was alive,

was not examined the Courts were not right believing the adoption. I do

not think this could be a ground to review of the Judgment.

https://www.mhc.tn.gov.in/judis Rev.Aplc(MD)No. 139 of 2021

5. A perusal of the Judgment under review shoes that no such

argument was raised when the appeal was argued. Hence, I do not find any

reason to entertain this Review Application and accordingly, it is dismissed.

Consequently, connected Miscellaneous Petition is closed.

05.01.2022

vsg Index: Yes/No Speaking order / Non speaking order

R.SUBRAMANIAN, J.

https://www.mhc.tn.gov.in/judis Rev.Aplc(MD)No. 139 of 2021

Vsg

Rev. Application (MD).No. 139 of 2021 And CMP(MD). No. 9460 of 2021

05.01.2022

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