Dr. Ct Muthiah v. Ct Murugappan And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.02.2025

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Dr.CT Muthiah ... Applicant Vs.

1. C.T.Murugappan

2. PL.S.Subramanian

3. A.Kannammal

4. Visalakshi

5. C.Devaki ... Respondents Review Application has been filed under Order 47 Rule 1 of CPC read with Section 114 of CPC to review judgment and decree of this Court dated 03.11.2023 made in C.S.No.46 of 2023.

For Petitioner : Mrs.A.L.Ganthimathi, Senior Counsel for Mr.L.Palanimuthu For Respondents : Mrs.C.Uma - R2 to R5 R1 - No appearance

O R D E R

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This Review Application has been filed to review the judgment and decree of this Court dated 03.11.2023 made in C.S.No.46 of 2023, to include maintenance amount of Rs.1,19,917/-.

2. While disposing the suit, this Court has not ordered maintenance on the basis of the submissions made by the counsel on either side. However, the present review application has been filed to include the maintenance amount.

3. The learned counsel appearing for the respondents 2 to 4 failrly admitted before this Court that they are ready to pay 1/3 share of the maintenance amount. The first respondent appeared in the last hearing and he did nto agree for the expenses.

4. In order to balance the rights of the parties, all the parties are equally liable to pay 1/3 share. The defendants 2 to 5 have not disputed the expenses and the expense is only towards property tax, electricity charges and towards salary for the care taker. All the parties are equally liable to 2/4

bare the expenses.

5. Accordingly, the defendants are directed to bear the expenses equally and this Review Application is allowed and the decree is modified to that effect.

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N.SATHISH KUMAR, J.

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