M.Jalendiran v. R. Devadoss

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P.Nos.12807 and 12808 of 2025 M.Jalendiran ...Review Applicant/Respondent Vs.

R.Devadoss

...Respondent/Appellant

Review Application filed under Order XLVII Rule 1 and 2 Read With Section 114 of the Code of Civil Procedure, to review the Judgment dated 05.04.2024 passed in S.A.No.663 of 2011.

For Review Applicant : Mr.A.Athimoolam *****

O R D E R

The instant review application has been filed to review the judgment passed by this Court in S.A.No.663 of 2011, dated 05.04.2024. 1/4

2. The learned counsel for the review applicant would submit that the nature of the property at the time of filing suit and present stage, is altogether different and it is the further submission of the petitioner that the respondent/appellant has failed to prove his right over the plaint schedule property. The learned counsel would also contend that the nature of the property as existing today has to be compared to the nature of the property prior to filing of the suit, were all not considered by this Court and which are all errors apparent on the face of the record.

3. It is well settled principle of law that the legal threshold to trigger the review jurisdiction would be the existence of apparent error on the face of the record. The mere error in the order will not give any cause of action to file a review application to re-argue the appeal once again. If there is any legal and factual error, the review applicant is at liberty to agitate the same in appeal remedy. Therefore, I do not find any grounds in the present petition to review the judgment passed by this Court in S.A.No.663 of 2011, dated 05.04.2024.

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4. In the result, the review application is dismissed. No costs. Consequently, the connected civil miscellaneous petitions are closed. 05.06.2025 Index : Yes Speaking order dm 3/4

C.KUMARAPPAN, J.

dm and C.M.P.Nos.12807 and 12808 of 2025 05.06.2025 4/4