Madras High CourtREV.APPL/39/2010dismissed with cost

K. Kanniappan S/O. Kaliappa v. K. Devika

2023-07-21Honourable Mr Justice R. Subramanian,Honourable Mrs Justice R. Kalaimathi4 pages

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 1/4

C O M M O N O R D E R (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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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 3/4

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

KKN Review Application Nos.39 & 40 of 2010 21.07.2023 4/4