Subbukutti(Deceased),1. S.Easwari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI in REV.APPL SR NO. 44063 OF 2025

1. SUBBUKUTTI(DECEASED),1.

S.Easwari W/o. Late Subbukutti, Residing at Old Navakkombu, Kundadam and Post, Dharapuram Taluk, Tiruppur District Appellant(s) Vs

1. The District Collector Erode, S.Balasubramaniam(Died) 2.The Tashildar Dharapuram 3.B Kulanthathal W/o. S.Balasubramaniam, Residing at Pallakadu Thottam, Old Navakkombu, Suryanallur Village, Dharapuram Taluk 4.B Yuvaraj S/o. S.Balasubramaniam, Residing at Pallakadu Thottam, Old Navakkombu,

Suryanallur Village, Dharapuram Taluk 5.B Prakash S/o. S.Balasubramaniam, Residing at Pallakadu Thottam, Old Navakkombu, Suryanallur Village, Dharapuram Taluk Respondent(s) REV.APPL SR No. 44063 of 2025

1. Subbukutti(deceased) Appellant(s) Vs

1. S.Balasubramaniam(died) Respondent(s) PRAYER To condone the delay of 777 days in filing the Review Application to review the Judgement and Decree passed in S.A.No.637/2013 dated 13-09-2022 on the file of this Honourable Court and thus render justice REV.APPL SR No. 44063 of 2025 PRAYER For Appellant(s):

S. Vinodha For Respondent(s):

M/s.P.Navaneethakrishnan For Rr3 To 5 Mr.C.Sathish Govt Advocate For R1 And R2

ORDER

This petition has been filed to condone the delay of 777 days in filing the Review Application to review the Judgement and Decree passed in S.A.No.637/2013 dated 13-09-2022.

The learned counsel for the petitioner submits that the plaintiff has suppressed the real facts obtained the decree and the petitioner is having valid defence to challenge the findings.

3. The respondent's counsel raised objection stating that already they challenged the order by way of SLP before the Apex Court and the same was dismissed. Now, they preferred review application as such is not maintainable.

4. Considering the fact that as per the contention of the petitioner's counsel there is suppression of real facts. Hence, this Court is inclined to allow

this petition with the condition that the petitioner shall pay a cost of Rs.3,000/- to the respondents 3,4 5 and pay Rs.2,000/- to the respondents 1& 2.On such deposit, Review application is ordered to be taken on file. 04-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

T.V.THAMILSELVI J.

pbl in REV.APPL SR NO.

44063 OF 2025 04-07-2025