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Madras High CourtWMP/19125/2022granted

R.Venugopal (Alias) Raja v. K.A.Manikantan

2022-08-10Honourable Mr Justice M.Dhandapani3 pages

WMP.No.19125 of 2022 in Rev.Appl.Sr.No.68518 of 2022 in W.P.No.11158 of 2022 M.DHANDAPANI., J The review petition has been filed praying to review the order of this Court in W.P. No. 11158 of 2022 dated 28.04.2022.

2.

Facts of the case: the petitioner is a money lender and the first respondent, who is the petitioner in the writ petition in W.P. No. 11158 of 2022, has obtained loan from the Petitioner to settle his another loan availed with another firm, for which he has executed a promissory note in favour of the petitioner and guaranteed to mortgage the scheduled property for the loan dues. The first respondent neither paid any loan amount nor mortgaged the scheduled property in favour of the petitioner as guaranteed.

3.

Such being the facts and circumstances of the case, the first respondent has attempted to alienate the scheduled property for which an agreement of sale had been executed in favour of one Narayanaswamy, which was subsequently cancelled. The petitioner raised his objection before the second respondent regarding the alienation in respect of the scheduled property situated at Mugalivakkam. At this juncture, the petitioner came to know that the first respondent has filed a writ petition in

W.P.No.11158 of 2022 suppressing the material facts that he has obtained an order in his favour. To review the said order, the petitioner has now filed this present petition. 4.

Considering the facts that the aforesaid conflicting situation and submissions made and on being satisfied with the grounds raised by the learned counsel for the petitioner, this Court is inclined to grant leave. 5.

Accordingly, this petition is ordered.

10.08.2022 Note: Registry is directed to number the Review Application, if it is otherwise in order.

rli

M.DHANDAPANI., J rli WMP.No.19125 of 2022 in Rev.Appl.Sr.No.68518 of 2022 in W.P.No.11158 of 2022 10.08.2022