Kandasamy v. Ponnusamy Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.04.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Rev. Appl.No.8 of 2015 and M.P.No.1 of 2015

1. R.Kandasamy Gounder

2. K.Chandrasekaran ... Review Petitioners Vs

1. Ponnusamy Gounder

2. Saravanabavan

3. Kasilingam ... Respondents Civil Revision Petition filed under Order 47 Rule 1 r/w. 114 of Civil Procedure Code to set aside the order dated 04.06.2014 made in S.A.No.952 of 2014 on the file of this Court. For Petitioners : M/s. P.T.Asha for M/s. Sarvabhauman Associates For Respondents : M.T.Muruga Manickam

O R D E R

Heard M/s. P.T.Asha, learned counsel appearing for the petitioner and Mr. T.Muruga Manickam, learned counsel appearing on behalf of the respondents.

2. The Review Application has been filed on the ground of the presence of a supposed error apparent on the face of the record. The observation of this Court, which is sought to be projected as an error apparent on the face of the record, is that this Court held that the documents marked by the lower appellate court as Ex.A.22 and Ex.A.23 will not help the plaintiffs to establish their title to the suit property.

3. It is pertinent to note that this Court made an observation that the marking of those documents was not in conformity with the procedure contemplated in Order XLI C.P.C. and that even otherwise those two documents would not help the plaintiffs to prove their title to the suit property.

4. This Court does not find any error apparent on the

face of the record. The petitioners have not chosen to bring their case within the ambit of Order XLVII Rule 1 C.P.C. Hence, this Review Application deserves rejection.

5. Accordingly, the Review Application is rejected. No costs. Consequently, connected Miscellaneous Petition is closed. 21.04.2016 Index: Yes/No Internet: Yes/No mrp

P.R.SHIVAKUMAR, J mrp Rew.Appl. No.8 of 2015 21.04.2016