Krishnaveni v. Vijaya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR JUSTICE V.SIVAGNANAM KRISHNAVENI W/o. Siva, Res. at Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet District.

Appellant(s) Vs VIJAYA W/o. Ravi, Res. at Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet District Respondent(s) PRAYER:

To allow the above the Review in LPA No.8 of 2023 by dismissing the order passed in LPA No.8 of 2023 dated 12.09.2024 and allow the Review Application to punish the Respondents in order to safeguard the decorum, dignity, ethics, otherwise it will cause shameful to the judiciary if not punished. For Appellant(s):

Mr.R.Balasubramanian For Respondent:

Mr.G.P.Sivakumar

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The Review Application has been filed to review the order dated 12.09.2024 passed in LPA.No. 8 of 2023.

2.

The Letters Patent Appeal has been instituted to assail the order of the learned Single Judge dated 17.03.2023, passed in Contempt Petition No.573 of 2023. This Court considered the facts raised in the Contempt Petition before the learned Single Judge and the orders passed in CRP No.1041 of 2022 and dismissed the Letters Patent Appeal on 12.09.2024 on merits. 3.

To invoke the contempt jurisdiction, this Court has considered the facts as well as the report of the Advocate Commissioner relied on by the learned Single Judge in the Contempt order.

4.

Mr.R.Balasubramanian, learned counsel for the Review Applicant, would mainly contend that the order of status quo has been misconstrued by the respondents. He would solicit the attention of this Court with reference to the facts and issues between the parties in the suit as well as in the Civil Revision Petition.

5.

This Court is of the considered opinion that those issues ought to be adjudicated on merits based on the documents and evidences available on

record in a civil suit. As far as contempt proceedings are concerned, the scope is limited only to the extent to find out whether the contemnor has committed any violation of the order passed by this Court. Thus, the issues are left upon to the parties for effective adjudication.

6.

The scope of review cannot be expanded for re-appreciation of facts, which were already considered by the Court while disposing of the contempt proceedings and Letters Patent Appeal proceedings. Grounds on merits deserve no further adjudication in the review application. Only an error apparent, if any found, that alone is to be corrected in exercise of the powers of review under Order 47 Rule 1 of CPC. Therefore, the arguments of the learned counsel for the Review Applicant, touching upon the merits, ought to be considered only in the civil suit, admittedly pending between the parties. 7.

Thus, we are not inclined to entertain the present Review Application. Accordingly, the Review Application stands dismissed. Consequently, the connected Miscellaneous Petitions, if any, are closed. No costs.

(S.M.SUBRAMANIAM J.)(V.SIVAGNANAM J.) 11-03-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.VIJAYA W/o. Ravi, Res. at Thanigai Polur Village and Post, Arkonam Taluk, Now Ranipet District

S.M.SUBRAMANIAM J.

AND V.SIVAGNANAM J.

gd REV.APPL No. 65 of 11-03-2025