Mahmutha Beevi (Died) 1.P.Mohamed Anies v. Mohamed Meeran (Died), 1. Ismail Meeran,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE P.B.BALAJI and C.M.P.(MD) No.12549 of 2025 Mahmutha Beevi (Died) 1.P.Mohamed Anies 2.P.Mohamed Muthu Meeran ... Petitioners -vsMohamed Meeran (Died) 1.Ismail Meeran Khader Mohaideen (Died) 2.Masoodu Avuliya Mohammed Ismail (Died) 3.Kani 4.Rahamathulla 5.Sahul Hameed 6.Majeetha Begam 7.Ayisha Banu Syed Usami (Died) 8.Syed Majeetha 9.Makuthal Beevi Abdul Rahim (Died) 10.Khader Mydeen Mohamed Syed Masood (Died) 11.Liyagath Ali 12.Mumtaj Begam 13.A.Fathima 14.Masood Beevi

15.A.Rukkaia Beevi 16.S.Jameela Begam 17.Mariaym Khader 18.M.Sahul Hameed 19.Mohamed Hussain 20.Ahmed Maideen 21.Rasool Beevi 22.Mohamed Ismail Begam 23.Samsudden Makkey 24.Shegu Haseena 25.Mohammed Zarfudeen ... Respondents PRAYER: Review Application filed under Section 114 read with Order XLVII, Rule 1(2) of the Code of Civil Procedure, against the judgment dated 01.12.2023 made in A.S.(MD) No.126 of 2018.

For Petitioner :

Ms.S.Mamtha for M/s.Ajmal Associates For Respondents :

Mr.T.Eswar for M/s.Subash Law Office for R23

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This review petition has been filed seeking to review the Judgment of this Court, dated 01.12.2023 made in A.S.(MD) No.126 of 2018.

2. The appellants in the appeal suit are the review petitioners herein. The suit in O.S.No.54 of 2004, on the file of the IV Additional District Court, Tirunelveli, is for partition. The trial court as well as the first appellate court have elaborately considered the issues and determined the rights of the parties. The appeal suit was dismissed affirming the judgment and decree of the trial court.

3. The review petitioners, who are legal heirs of the deceased first defendant, have stated that the plaintiffs are not having any share in the schedule properties and therefore, the suit ought to have been dismissed in limine and the other grounds raised in this review petition are relating to merits of the matter, which cannot be re-adjudicated in a review proceedings. The scope of Order XLVII of the Code of Civil Procedure cannot be expanded for the purpose of re-adjudication of the merits of the matter, which were already adjudicated in the original suit as well as in the appeal suit. Thus, we are of the view that the review petitioners have not established any error apparent on the face of record warranting interference of this Court.

4. In the result, this review petition is dismissed. No costs.

Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [P.B.B., J.] 29.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The IV Additional District Judge, Tirunelveli.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

S.M.SUBRAMANIAM, J.

and P.B.BALAJI , J.

krk and C.M.P.(MD) No.12549 of 2025 29.07.2025