Chokkalingam vs Raman
2022 Latest Caselaw 5836 Mad

                                                                       REV.APLC(MD)No.3 of 2015
                                                                          in S.A.No.272 of 2006

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 22.03.2022

                                                          C O R A M

                                      THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                                REV.APLC(MD)No.3 of 2015
                                                          in
                                                   S.A.No.272 of 2006

                1.Chokkalingam

                2.Natarajan

                3.Paramasivam

                4.Arumugam                                     ... Review Petitioners/
                                                                             Appellants
                                                         Vs.
                Raman
                                                               ... Respondent/ Respondent

                PRAYER:               Review    Application      is    filed   under      Order   47
                Rules             1   and   2   r/w    Section   114    of   the   Code   of   Civil
                Procedure, 1908, to review the order passed by this Court
                dated 17.10.201 made in S.A(MD)No.272 of 2006 and allow
                the second appeal.


                            For Review Applicant               : Mr.K.Vadivelu
                                                                   for Mr.A.S.Mujibur Rahman
                             For Respondents                   : Mr.G.Mohan Kumar




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https://www.mhc.tn.gov.in/judis
                                                                           REV.APLC(MD)No.3 of 2015
                                                                              in S.A.No.272 of 2006

                                                                  ORDER

This review application is filed that there is an

error apparent in deciding the appeal, that without

ascertaining under whose possession, the suit property

lies with, the judgment has been passed.

2.Heard the learned Counsel on either side and

perused the materials placed on record.

3.The case of the review applicants is that they

filed a suit in O.S.No.117 of 2000 for permanent

injunction that the property is in their possession.

The suit was decreed. In the appeal, the first appellate

Court held that the suit mentioned property was sold by

the father of the plaintiffs in the year 1966 and several

houses were established in that property and the

plaintiffs by suppressing the existence of the buildings

filed the suit that the suit property is in their

possession and allowed the appeal. As against the same

the second appeal filed by the review applicants were

dismissed.

https://www.mhc.tn.gov.in/judis REV.APLC(MD)No.3 of 2015 in S.A.No.272 of 2006

4.The second appeal was dismissed with holding that

the case of the plaintiffs was demolished through Exs.B1

to B3.

5.The review applicants have not made out any ground

to interfere with the judgment dated 17.10.201 made in

S.A(MD)No.272 of 2006 and therefore, the review

application is liable to be dismissed.

6.In the result, the review application is dismissed.

No costs.

                                                                       22.03.2022

                Internet          : yes/No

                dsk

https://www.mhc.tn.gov.in/judis REV.APLC(MD)No.3 of 2015 in S.A.No.272 of 2006

B.PUGALENDHI., J

dsk

REV.APLC(MD)No.3 of 2015 in S.A.No.272 of 2006

22.03.2022

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