D.Jyothi ... Review vs The Competent Authority /
2023 Latest Caselaw 7361 Mad

                                                                          Rev.Aplw.(MD)No.41 of 2023


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 30.06.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                            REV.APLC.(MD)No.41 of 2023
                                                       and
                                             C.M.P.(MD)No.7562 of 2023

                 D.Jyothi                                        ... Review Appellant
                                                       -Vs-

                 1.The Competent Authority /
                       Special District Revenue Officer,
                   Virudhunagar.

                 2.Rich India Marketing Company,
                   Sivakasi, Rep thro, Subburaj

                 3.Subburaj
                 4.S.Muthukumar
                 5.K.Santhana Marimuthu
                 6.P.Shankar
                 7.S.Ravichandran
                 8.P.Sivamurugan                                         ... Respondents


                 PRAYER: Petition filed under Order 47 (1) & (2) r/w Section 114 of Civil
                 Procedure Code, praying this Court to set aside the order dated 10.03.2023 in
                 C.M.A.(MD)No.1099 of 2022 on the file of this Court.

                 Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                   Rev.Aplw.(MD)No.41 of 2023


                                           For Petitioner     : Mr.D.Srinivasaragavan
                                           For R1             : Mr.D.Sasikumar,
                                                               Additional Government Pleader
                                                            ORDER

This review application is filed seeking to review the judgment and

decree of this Court dated 10.03.2023 in C.M.A.(MD)No.1099 of 2022.

2.It is the contention of the review applicant in the aforestated appeal

that she is a bona fide purchaser for valuable consideration and no notice

whatsoever has been served to her in during trial proceedings. This Court, after

perusing the entire affidavit filed by the review appellant had noted that

predecessor in title had transferred the property with mala fide intention to

defeat the rights of the creditors or the depositors and dismissed the aforesaid

appeal. Now, the same is sought to be reviewed in this review application.

3.The learned counsel for the review applicant mainly argued the

maintainability of the attachment order. In fact, the entire judgment is sought to

be re-adjudicated.

https://www.mhc.tn.gov.in/judis Rev.Aplw.(MD)No.41 of 2023

4.Mere perusal of the very grounds itself shows that the review

applicant seeks to achieve what he could not achieve by way of filing an appeal

against the judgment rendered by this Court. This Court decided the appeal

based on the evidence and on its own merits. In such view of the matter, in the

absence of any error apparent on the face of the record, the review cannot be

entertained mechanically. If such type of review application is entertained, it

will be just like siting over the own judgment by the same Court as an Appellate

Court, which leads to serious complications.

5.For the reasons stated above, this Court does not find any merit in

this Review Application and accordingly, this Review Application is dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

                                                                             30.06.2023

                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No
                 ta





https://www.mhc.tn.gov.in/judis
                                                                   Rev.Aplw.(MD)No.41 of 2023




                                                               N.SATHISH KUMAR, J.


                                                                                           ta

                 To
                 The Competent Authority /
                       Special District Revenue Officer,
                 Virudhunagar.




                                                           REV.APLC.(MD)No.41 of 2023




                                                                               30.06.2023








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