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Madras High CourtREV.APPL/218/2017dismissed

S.Nagarajan v. Bose.Ponnambalam

2018-03-26Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY Review Application No.218 of 2017 in C.R.P.(NPD) No.2199 of 2016 1.S.Nagarajan 2.Sadhu Sachidanandam 3.Kalaiyarasi ..

Petitioners

Versus

Bose. Ponnambalam ..

Respondent This review application is filed under Section 114 of CPC read with Order 47, Rule 1 CPC praying to review the order dated 09.11.2016 made in C.R.P.(NPD) No.2199 of 2016.

For Petitioner :

Mr.S.Saravanakumar For Respondents :

Mr.K.Sathish for M/s.S.Kaavya Silambanan Associates

ORDER

By an order dated 09.11.2016, this Court dismissed the Civil Revision Petition finding that no error or irregularity in the order passed by the trial Court.

2. Now the petitioners/defendants have filed the above review application seeking to review the order passed in the above Civil Revision Petition.

3. When the matter was taken up for hearing, Mr.S.Saravanakumar, learned counsel appearing for the petitioners/defendants submitted that the petitioners/defendants are willing to deposit the entire suit claim and in such event, the exparte decree passed in O.S.No.70 of 2005 may be set aside.

4. Mr.K.Sathish, learned counsel appearing for the respondent, on instructions, submitted that the respondent has filed E.P.No.46 of 2008 on the file of the Sub-Court, Dharmapuri, wherein defendants property was brought for sale. The learned counsel further submitted that the property was sold in Court auction and the sale was also confirmed in favour of one C.Mani. The learned counsel submitted that the purchaser had already deposited stamp papers for registration of sale certificate/sale deed.

5. Since there is no error on the face of the record warranting interference in the review application under Order 47 of the Code of Civil Procedure, 1908, I do not find any merit in this review application.

6. The Review Application is dismissed. No costs. 26.03.2018 Index : No Internet : Yes bbr To The Subordinate Judge, Dharmapuri.

M.DURAISWAMY, J.

bbr Rev.Apln.No.218 of 2017 26.03.2018