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Madras High CourtREV.APPL/155/2012dismissed

Petchimuthu Gounder v. Samiyathal

2017-09-21Honourable Ms.Justice V.M.Velumani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Review Application No. 155 of 2012 in CRP.(PD)No.2462 of 2008 Petchimuthu Gounder ... Review Applicant Vs.

1.Samiyathal 2.M.Chennimalai Gounder 3.Subramaniam 4.Kondayee 5.Sivamani ... Respondents Prayer: Review Application filed under Order 47 Rule 1 read with Section 114 of C.P.C, to review the order dated 29.07.2008 made in C.R.P.(PD) No.2462 of 2008 on the file of this Court. For Petitioner : Mr.A.Sivaji For R1 : Mr.R.Bharath Kumar

ORDER

This Review application has been filed to review the order dated 29.07.2008 made in C.R.P.(PD) No.2462 of 2008 on the file of this Court.

2. The review applicant/plaintiff in O.S.No.119 of 2007 filed the suit for permanent injunction, restraining the defendants 2 to 5 from disturbing the peaceful possession and enjoyment of the suit property. The first respondent herein filed the I.A.No.1602 of 2007 to implead her as fifth respondent in the suit, on the ground that she has purchased the suit property from 2nd respondent and she is in possession and enjoyment of the suit. The said application was allowed on 03.12.2007. Against the said order dated 03.12.2007, the petitioner filed the C.R.P(PD).No.2462 of 2008. This Court, by the order dated 29.07.2008, dismissed the Civil Revision Petition on the ground that whether 1st respondent has right over the suit property or not should be decided at the time of trial.

3. A reading of the order sought to be reviewed reveals that there is no error apparent in the order. Under these circumstances, the Review Application is dismissed. No costs. 21.09.2017 Index : Yes/No gsa

V.M.VELUMANI, J gsa Review Application No. 155 of 2012 in CRP.(PD)No.2462 of 2008 21.09.2017