Madras High Court
Thiru.Al.Periakaruppan vs Tmt.Ct.Nagammai Achi on 7 January, 2022
Rev.A(MD)No.16 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
DATED : 07.01.2022
CORAM :
Rev.A(MD)No.16 of 2021
1.Thiru.Al.Periakaruppan
2.Tmt.Nagammai Ananthi
3.Thiru.P.Selvam Alaghappan ... Petitioners/Petitioners
Vs.
Thiru V.N.Chidambaram Chettiar(Died)
1.Tmt.CT.Nagammai Achi
2.Tmt.Ranee Valliappan @ Lakshmi
3.Thiru.C.Nagappan
4.Thiru.C.Ganesh
5.Thiru.M.S.NavaneethakrishnamaRaja
6.Thiru.V.Kathiresan ... Respondents/Respondents
Review application filed under Section 114 of the Code of Civil
Procedure r/w Order 47 Rule 1 of C.P.C, to review the order dated
18.03.2020 passed in the main C.R.P.(MD)No.108 of 2020 to incorporate
the Division of shares as more fully detailed in grounds A and B.
For Petitioner : Mr.A.R.Sethupathy
For Respondents : Mr.Pala Ramasamy
1/4
https://www.mhc.tn.gov.in/judis
Rev.A(MD)No.16 of 2021
ORDER
This Review Application is filed to review the order dated 18.03.2020
passed in C.R.P.(MD)No.108 of 2020 to incorporate the Division of shares.
2.Heard Mr.A.R.Sethupathy, learned counsel appearing for the
petitioner and Mr.Pala Ramasamy, learned counsel appearing for the
respondents.
3.The petitioners have filed a suit in O.S.No.412 of 2004 for partition
before the District Munsif Court, Melur. After trial, the said suit was
decreed and for allocating the shares, a mistake was occurred while dealing
with F schedule properties. Therefore, the petitioners filed a petition in
I.A.No.157 of 2019 seeking amendment in the judgment and the preliminary
decree. However, the trial Court dismissed the said I.A. Against which, the
petitioners have filed Civil Revision Petition before this Court. On
18.03.2020, this Court allowed the said civil revision petition. While
amending the judgment and the preliminary decree, a mistake was occurred
and the same has to be rectified. Hence, the present review application is
filed.
https://www.mhc.tn.gov.in/judis
Rev.A(MD)No.16 of 2021
4.When the matter is taken up for hearing today, the learned counsel
appearing for the respondents submitted that he has no objection for
amending the judgment and the preliminary decree.
5.Considering the submissions made on either side, this Court is
inclined to incorporate the following portions in paragraph No.4 of the order
dated 18.03.2020.
“As far as “F” schedule properties are concerned, Item
5A has to be divided as between the third plaintiff and the fifth
defendant in equal share.”
6.Accordingly, this Review Application is ordered. No costs.
07.01.2022
Index : Yes/No
Internet:Yes/No
https://www.mhc.tn.gov.in/judis
Rev.A(MD)No.16 of 2021
P. VELMURUGAN, J.
Ns
To
1.The District Munsif Court,
Melur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
Order made in
Rev.A(MD)No.16 of 2021
07.01.2022
https://www.mhc.tn.gov.in/judis
