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Madras High CourtREV.APPL/170/2012dismissed

The Coimbatore Patel Mohalla v. M.Sivanandam

2017-09-05Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Rev.Appl.No.170 of 2012 in C.R.P.(NPD).No.2690 of 2009 The Coimbatore Patel Mohalla Sunnath Jamath Masjid, represented by its President C.D.Sikkandar, 25/105, Pattunoolkara Lane no.3, Sukruwarpet, Coimbatore-641 001. .. Petitioner Vs.

1.M.Sivanandam 2.M.Dhanabalan 3.Naresh A.Kathuriya .. Respondents PRAYER: Review Application is filed under Order 47 Rule 1 and Section 114 of C.P.C., to review the order dated 14.02.2011 made in C.R.P.(NPD)No.2690 of 2009.

For Petitioner : Mr.J.Ramakrishnan For R1 & R2 : Mr.N.Damodaran For R3 : Mr.S.Victor Prasath

ORDER

The Review Application is filed to review the order dated 14.02.2011 made in C.R.P.(NPD)No.2690 of 2009.

2. The petitioner is the first defendant, respondents 1 & 2 are the plaintiffs and third respondent is the second defendant in O.S.No.746 of 2007. Respondents 1 and 2 filed O.S.No.746 of 2007 for declaration of title and consequential injunction. In the said suit, respondents 1 and 2 filed I.A.No.125 of 2009 to admit the documents filed by them as Exs.A1 to A3 subject to payment of stamp duty and penalty. The said application was dismissed, against the same, the respondents 1 & 2 filed C.R.P.(NPD)No.2690 of 2009. This Court by order dated 14.02.2011 allowed the Civil Revision Petition.

3. Against the said order dated 14.02.2011 made in C.R.P.(NPD)No.2690 of 2009, the petitioner filed the present Review Application to reconsider the said order on the ground that the documents filed by the respondents 1 & 2 are unstamped and unregistered documents and the same cannot be marked.

4. When the Review Application is taken up for hearing, the learned counsel appearing for the petitioner, produced a copy of the judgment dated 16.11.2016 and submitted that the suit itself has already been dismissed for default. In the circumstances, the Review Application is dismissed. No Costs.

05.09.2017 Index: Yes/No dm/kj

V.M.VELUMANI,J.

dm/kj Rev.Appl.No.170 of 2012 in C.R.P.(NPD).No.2690 of 2009 05.09.2017