K.Kanniappan vs K.Devika
2023 Latest Caselaw 8831 Mad

                                                                             Rev.Appl.Nos.39 & 40 of 2010

                                   THE HIGH COURT OF JUDICATURE AT MADRAS
                                                    DATED: 21.07.2023
                                                        CORAM:
                                  THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
                                                   AND
                                   THE HONOURABLE MRS JUSTICE R.KALAIMATHI

                                        Review Application Nos.39 & 40 of 2010

                     K.Kanniappan                                   ...Appellant in both application

                                                           Vs.

                     K.Devika                                     ...Respondent in both application

                     Prayer: Review Applications filed under Order 47 Rule 1 & 2 r/w. Section

                     114 of C.P.C., against the judgment and decree dated 24.03.2008 made in

                     C.M.A.Nos.1824 & 1825 of 2003.


                                  For Applicant      : Mr.M.Kalyanasundaram, Senior Counsel
                                                       for Mr.B.Vasudevan in both applications

                                  For Respondents    : Mr.A.Ganesan in both applications




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                                                                                  Rev.Appl.Nos.39 & 40 of 2010

                                                   COMMON ORDER

                                     (Order of the Court was made by R.SUBRAMANIAN, J.)
                                      The review is sought for on ground that the counsel had without

                     instructions submitted that the respondent in the appeal would settle the

                     house property in the name of the children but that is not the fact. The order

                     of the Division Bench dated 24.03.2008 shows that the respondent, who was

                     present in Court had offered to pay Rs.500/- to the wife per month and

                     Rs.5,000/- per year towards maintenance of the children and settle the house

                     property in the name of the children. The observations of the Division

                     Bench in Paragraph 8 of the order reads as follows:-

                                           “8. We in our turn called the parties to find out as
                                  to whether there is any possibility for re-union among them.
                                  Even before us, in spite of the persuasion there is no progress
                                  for re-union of the parties. However, the respondent submits
                                  that he is ready to give a sum of Rs.500/- per month to the
                                  wife and Rs.5,000/- per year towards the maintenance of the
                                  children and settle the house property in the name of the
                                  children.”




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                                                                               Rev.Appl.Nos.39 & 40 of 2010

                                  2. Therefore, the review itself is sought for on a false pretext. In

                     view of the above, these Review Applications are dismissed with a cost of

                     Rs.50,000/- payable by the review petitioner to the respondent within a

                     period of two weeks from today .



                                                                       (R.S.M.,J.)     (R.K.M.,J.)
                                                                                21.07.2023
                     kkn

                     Internet:Yes/No
                     Index:Yes/No
                     Speaking/Non-speaking order
                     Nuetral Citation : Yes/No




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https://www.mhc.tn.gov.in/judis
                                                    Rev.Appl.Nos.39 & 40 of 2010

                                                  R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

KKN

Review Application Nos.39 & 40 of 2010

21.07.2023

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