Madras High Court
Manjula vs M.Prakasam on 13 August, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Rev.Aplw.Nos.97 & 99 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Review Application Nos.97 & 99 of 2024
in W.P.Nos.22522 & 22526 of 2023
1.Manjula
2.Thangamani .. Petitioners
in Rev.Aplw.No.97/2024
1.Ayyammal
2.Bakkiyam .. Petitioners
in Rev.Aplw.No.99/2024
Vs.
1.M.Prakasam
2.The Superintendent of Police
Salem
Salem District.
3.The Deputy Superintendent of Police
Omalur, Salem District.
4.The Inspector of Police
Tharamangalam
Salem District. .. Respondents
in Rev.Aplw.Nos.97 & 99/2024
COMMON PRAYER: Review Petitions have been filed under Order 47 Rule 1
r/w under Section 114 of CPC, to review the order dated 31.07.2023 in
W.P.Nos.22522 & 22526 of 2023.
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1/6
Rev.Aplw.Nos.97 & 99 of 2024
For Petitioners : Mr.T.Sai Krishnan
For Respondents : Mr.V.Elangovan
for Mr.S.Doraisamy
for R1
Mr.R.Kishore Kumar
Government Advocate (Crl.Side)
for R2 to R4
COMMON ORDER
These review applications have been filed to review the orders passed
by this Court in WP.Nos.22522 of 2023 and 26085 of 2023 dated 31.07.2023.
2.The review applications were filed mainly on the ground that certain
material facts were not brought to the notice of this Court and as a result, this
Court was made to order for police protection in order to enable the writ
petitioner to fence the subject properties.
3.When the matter came up for hearing on 06.08.2024, this Court
passed the following order:
This Court heard learned counsel appearing on
behalf of review petitioners and also learned counsel
appearing on behalf of writ petitioners.
2. It was brought to the notice of this Court that
as against the suits filed by the review petitioners,
appeals have been filed in A.S.No.8 and 10 of 2023 and
the same is pending before the Sub Court, Omalur.
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Rev.Aplw.Nos.97 & 99 of 2024
3. If the review petitioners give an undertaking
that they will not further precipitate the matter and they
will not interfere with the present status quo that is
prevailing, the same can be recorded and the parties
can be allowed to agitate their rights in the pending
appeal. That undertaking will sufficiently take care of
the apprehension raised by the writ petitioner.
Post these review applications under the same
caption on 13.08.2024 at 02.15 p.m.
4.When the order was passed in the writ petitions, no appeals were
pending and therefore, this Court went by the judgment and decree passed
in the suit. However since appeals have been filed and the same is now
pending before the Sub Court, Omalur, the parties must be permitted to
workout their remedy before the Civil Court. At the same time, the present
Status Quo must also be maintained without further precipitating the issue.
5.When the review applications were taken up for hearing today, the
learned counsel for the review petitioners submitted that the present Status
Quo prevailing will be maintained and no attempt will be made to interfere
with the possession.
6.The above stand taken by the review applicants will sufficiently take
care of the interest of both the parties. Ultimately, the final decision in the
https://www.mhc.tn.gov.in/judis
Rev.Aplw.Nos.97 & 99 of 2024
pending appeals in A.S.No.8 and 10 of 2023, will decide the right and title
over the subject properties. Hence, the parties can focus on the disposal of
the main appeals that are now pending.
7.In the light of the above discussion, these review applications are
disposed of by recording the submissions of the learned counsel for the
review applicants. Considering the fact that the writ petitioner is already
aged about 75 years and the dispute has been pending for quite sometime,
there shall be a direction to the learned Sub Judge, Omalur, to dispose of
A.S.Nos.8 and 10 of 2023, within a period of six months from the date of
receipt of copy of the order.
8.Accordingly, these review applications are disposed of. No costs.
13.08.2024
kp
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
https://www.mhc.tn.gov.in/judis
Rev.Aplw.Nos.97 & 99 of 2024
To
1.The Superintendent of Police
Salem
Salem District.
2.The Deputy Superintendent of Police
Omalur, Salem District.
3.The Inspector of Police
Tharamangalam
Salem District.
https://www.mhc.tn.gov.in/judis
Rev.Aplw.Nos.97 & 99 of 2024
N.ANAND VENKATESH, J.
kp
Review Application Nos.97 & 99 of 2024
in W.P.Nos.22522 & 22526 of 2023
13.08.2024
https://www.mhc.tn.gov.in/judis
