Subramaniyan v. Balamurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR in A.S.No. 202 of 2017

1. Subramaniyan

2. Palaniyammal

3. S.Suresh ..Applicants Vs

1. Balamurugan

2. C.Suresh ..Respondents PRAYER : Review Application filed under Section 114 r/w. Order 47 Rule 1 of CPC to review the order in A.S.No.202 of 2017 dated 05.01.2024. For Applicants:

Mr.S.Kamadevan For Respondents:

Mr.P.Valliappan, Senior Counsel for Mr.T.Deeraj for R1

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) This review application has been filed against the order passed by the Division Bench dated 05.01.2024 in A.S.No.202 of 2017.

2. In fact, the said appeal suit was filed against the judgment and decree passed in O.S.No.1 of 2012 dated 08.02.2017 on the file of the Principal District Judge, Perambalur.

3. The Division Bench having considered the merits of the case, especially, the judgment of the trial Court has come to the conclusion that, the judgment of the trial Court does not deserve to be interfered with, therefore, the appeal was dismissed, as against which, the appellants preferred Special Leave Petition in SLP(Civil) Diary No.7317 of 2024 in the matter of Subramaniyan & others Vs. Balamurugan & another and the said Special Leave Petition came to be dismissed by order of the Hon'ble Supreme Court dated 01.04.2024, which reads thus:

"Delay condoned.

After hearing the learned counsel for the petitioners, we do not find any reason to interfere with the order impugned in this petition.

The Special Leave Petition is, accordingly, dismissed. Pending application(s), if any, shall also stand disposed of."

4. Despite the dismissal having been suffered by the present applicants / appellants, the present review application has been filed.

5. We have gone through the order which is sought to be reviewed herein, where not even an iota of error is able to be pointed out by the review applicants.

6. Once the order which is sought to be reviewed already been tested before the Hon'ble Supreme Court in a Special Leave Petition where the Special Leave Petition has been dismissed, thereby the order passed by the First Appellate Court which is sought to be reviewed herein since is confirmed, we do not find any good reason to show our indulgence that too in a review jurisdiction as apparently there has been no error available before us to interfere. In that view of the matter, this Review Application is liable to be dismissed, accordingly, it is dismissed. However, there shall be no order as to costs.

(R.S.K., J.) (N.S., J.) 01-04-2026 Index: Yes/No Speaking/Non-speaking order vji To The Principal District Judge, Perambalur.

R.SURESH KUMAR, J.

AND N.SENTHILKUMAR, J.

vji in A.S.No. 202 of 2017 01-04-2026