S.V.Gandhi v. G. Subbaraj (Died), Tamilselvan Alias Subba Reddy (Died)1.Sasikala Devi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.08.2023 Coram:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN and THE HONOURABLE MR.JUSTICE SUNDER MOHAN in C.M.P.(MD)No.4328 of 2022 in A.S.(MD)No.56 of 2010 S.V.Gandhi .. Petitioner/proposed 45th respondent /versus/ G.Subbaraj(died) .. 1st Appellant in A.S.
Tamilselvan @ Subba Reddy(died) .. 2nd Appellant in A.S.
1.Sasikala Devi 2.Valarmathi Devi 3.Malarvizhi Devi 4.Kothaiselvi 5.Lakshmi Prabha 6.T.Kavitha 7.Minor S.T.Guruprasath S/o Late Tamilselvam @ Subba Reddy 8.Minor S.T.Guruprasanna S/o Late Tamilselvan @ Subba Reddy 1/7
(Minor rep.by their minor and guardian the 6th respondent) .. Repondent 1 to 8/ Appellant 3 to 10 Ramachandran(died) KothaiAmmal (died) 9.S.Govindarajulu 10.E.Singama Reddy 11.The Deputy Director of Veterinary Department, 5-1-45(Upstairs) Main Road, Neerethan, T.Vadipatty P.O.& Taluk, Madurai District.
12.T.Kandan 13.R.Bharathi 14.S.Shanmugam 15.V.Muthusamy 16.A.Paulraj 17.A.Pandi 18.S.Perumal 19.N.Alagarsamy Reddiar 20.M.Singara Velu 21.K.Krishnan 22.A.VairaPillai 23.The Manager, Sarvothaya Khadhi Vastiralayam, 7-7-34 Main Road, Neerethan, T.Vadipatty P.O.& Taluk, Madurai District.
24.V.Durasami Asari 25.R.Vellaichamy 26.P.Gowri Ammal 27.M/s N.Selvam and Brothers 28.Muthaliff 2/7
29.Krishnan 30.P.Shanmugam 31.B.Murali 32.S.Kalyanikonar 33.V.Govindaraj 34.K.Pandi 35.M/s Pandian Rubber and Allied Industries W/4-B7/209, Periyakulam Road, Theni.
36.M/s Kottaiyam Rubber Work, 74-75, Periyakulam Road, Theni.
37.M.Rajendran 38.M/s Meena Sweets, 52, NRT Road, NRT Nagar, Thenai.
39.R.Selvaraj 40.Seetharaman 41.R.Rengasamy 42.P.Govindan Chettiyar 43.R.Karunanidhi 44.R.Karuppiah Servai 45.R.Venkatasamy Reddiyar 46.A.Arokiyasamy 3/7
47.Bank of India, Vadipatti Branch, Main Road, T.Vadipatty P.O.& Taluk, Madurai District.
48.Central Bank of India, Vadipatti Branch, Main Road, T.Vadipatty P.O.& Taluk, Madurai District.
49.Canara Bank, Main Branch, Pandiyan House, Madurai Town.
50.Tmt.Papammal (Respondents 9 to 49 as given up) .. Respondents 9 to 50/ Respondents 3 to 44 Prayer:
Review Application has been filed under Order 47 Rule 1 r/w Section 114 of C.P.C to review the order dated 05.12.2022 passed by the Division Bench of this Hon'ble Court in C.M.P.(MD)No.4328/2022 in A.S. (MD)No.56 of 2010 and to allow the petition to implead. For Petitioner :Mr.R.Suriyanarayanan --------
O R D E R
(Order was made by Dr.G.Jayachandran,J.) This Review Application is filed by the third party to review the judgment in A.S.(MD)No.56 of 2010 claiming that pendente lite he has 4/7
acquired title through the first respondent, who has executed the Will as well as sold some property, which is the subject matter of the property. Any pendente lite transaction is subject to the out come of the litigation as per the Transfer of Property Act, 1882. Therefore, after disposal of the appeal, the Court need not entertain the parties, who have purchased the property pendente lite and the request to review the matter again by a third party after rendering the judgment is not permissible under law. If at all any right is accrued through the first respondent to this petitioner, it is for him to work out his remedy as per the decree passed in the appeal or resort to Section 47 of the Code of Civil Procedure. Hence, this Review Application is dismissed as devoid of merits. No order as to costs. (Dr.G.J.J.) (S.M.J) 08.08.2023 Index:yes/no Speaking order/non speaking order ari To:
1.The Deputy Director of Veterinary Department, 5/7
5-1-45(Upstairs) Main Road, Neerethan, T.Vadipatty P.O.& Taluk, Madurai District.
2.The Bank of India, Vadipatti Branch, Main Road, T.Vadipatty P.O.& Taluk, Madurai District.
3.The Central Bank of India, Vadipatti Branch, Main Road, T.Vadipatty P.O.& Taluk, Madurai District.
4. The Canara Bank, Main Branch, Pandiyan House, Madurai Town.
DR.G.JAYACHANDRAN,J.
& SUNDER MOHAN,J.
ari 6/7
in C.M.P.(MD)No.4328 of 2022 in A.S.(MD)No.56 of 2010 08.08.2023 7/7