Madras High CourtCMP(MD)/5234/2023rejected

Chandrakumar v. Subramanian

2023-04-27Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR in Rev.Aplc(MD)SR.No.28262 of 2023 C.M.P(MD)No.5234 of 2023:

1.K.Chandrakumar 2.Subadhra Bai 3.Nagarajan ... Petitioners/Petitioners Vs.

1.P.Subramanian 2.Valliyammai 3.Jaikumar 4.Senthil 5.R.Senthilkumar ... Respondents/Respondents 1/5

PRAYER : Civil Miscellaneous Petition is filed under Section 5 of Limitation Act, to condone the delay of 16 days in filing the above review petition against the order in C.R.P(MD)No.436 of 2023, dated 23.02.2023.

Rev.Aplc(MD)SR.No.28262 of 2023:

1.K.Chandrakumar 2.Subadhra Bai 3.Nagarajan ... Petitioners/Respondents 1-3 Vs.

1.P.Subramanian 2.Valliyammai 3.Jaikumar 4.Senthil ... Respondents/Petitioners 5.R.Senthilkumar ... Respondent/Respondent No.4 PRAYER : Review Application is filed under Order 47 Rule 1 r/w Section 114 of Code of Civil Procedure, to review the order dated 23.02.2023 in C.R.P(MD)No.436 of 2023 on the file of this Court and allow the review application.

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For Petitioner : M/s.K.Vidya For Respondents : Mr.K.R.Kishore Ram

ORDER

The review application has been filed to review the order of this Court, dated 23.02.2023 in C.R.P(MD)No.436 of 2023.

2. The said civil revision petition was filed for an expeditious disposal of I.A.No.1 of 2021 in O.S.No.192 of 2017, which was filed to condone the delay in setting aside an ex parte decree. Since the application was pending for more than two years, this Court passed an order on 23.02.2023, directing the learned District Munsif Court, Lalgudi to dispose of the interim application on or before 30.04.2023. This order was passed in the admission stage without hearing the respondents.

3. The respondents in the revision petition have filed this review application. A perusal of the grounds of review application would clearly indicate that the petitioners have not pointed out any error apparent on 3/5

the face of the record. Therefore, this Court feels that there are no grounds to entertain the review application as contemplated under Order 47 Rule 1 of Code of Civil Procedure.

4. Therefore, C.M.P(MD)No.5234 of 2023 seeking to condone the delay of 16 days in filing the review petition, is rejected. Consequently, Rev.Aplc(MD)SR.No. 28262 of 2023 is also rejected. No costs.

27.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg R.

VIJAYAKUMAR ,J.

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gbg Order made in in Rev.Aplc(MD)SR.No.28262 of 2023 27.04.2023 5/5