S.Srinivasan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2018

CORAM:

THE HONOURABLE Mr.JUSTICE M.V.MURALIDARAN Review Application(MD)No.232 of 2017 and C.M.P.(MD)No.10690 of 2017 in C.R.P.(MD) No.2399 of 2015 K.G.Rajendran @ Elephant G.Rajendran ... Review Petitioner/ Respondent Vs.

Shanmugam (Died) 1.S.Ponnamani 2.S.Praveen 3.S.Thenmozhi 4.S.Dhansekar ... Respondents/Petitioners Review Application is filed under Order 47 Rule 1 r/w. Section 114 of C.P.C., to review the order dated 03.11.2015 made in C.R.P. (MD) No.2399 of 2015 and thereby, allow the Review Application as prayed for.

Prayer in CRP(MD). 2399/ 2015 :

Civil Revision Petition is filed U/S 115 of C.P.C., to set aside the order passed in CMA NO. 28/2014 dated 08/06/2015 on the file of the II Additional District and Sessions Judge, Thanjavur confirming the fair and decretal order made in IA NO. 288/2013 in OS NO. 30 /2012 on the file of the I Additional Subordinate Judge, Kumbakonam, dated 6/6/2014.

For Petitioner : Mr.K.G.Rajendran Party-in-Person For R2 to R4 : Mr.H.Lakshmi Shankar

O R D E R

This Review Application has been filed by the petitioner seeking to review the order dated 03.11.2015, made in C.R.P.(MD) No.2399 of 2015.

2.The review petitioner is the respondent and the respondents are the revision petitioners in C.R.P.(MD)No.2399 of 2015. They filed the above said Civil Revision Petition challenging the fair

and decreetal order dated 06.06.2014, made in I.A.No.288 of 2013 in O.S.No.30 of 2012, on the file of the I Additional Subordinate Court, Kumbakonam.

3.When the said Civil Revision Petition was taken up for hearing on 03.11.2015, this Court has passed the following order: ''10.This Court has considered the averments made by the learned counsel for the revision petitioners and perused the averments of grounds of revision. Having regard to related facts and circumstances of the case, this Court finds that the Judgment passed by the learned II Additional District Judge, Thanjavur and made in CMA.No.28 of 2014, dated 08.06.2015 is set aside and the order passed by the learned Additional Subordinate Judge, Kumbakonam and made in I.A.No.288 of 2013 in O.S.No.30 of 2012 is remitted back to the trial Court. The revision petitioners are directed to represent the application filed under Section 5 of the Limitation Act, which was returned by the trial Court.

The moment when the application is filed by the revision petitioners, the learned trial Judge is directed to dispose of the same on merit restore the suit. On restoration of the suit, the learned Subordinate Judge, Kumbakonam is directed to dispose the suit in O.S.No.30 of 2012, on merits as expeditiously as possible. No order as to costs.'' 4.Now, the review petitioner, who is the respondent in the Civil Revision Petition has filed this Review Application seeking to review the order dated 03.11.2015, made in C.R.P.(MD)No.2399 of 2015 on the ground that at the time of filing the Civil Revision Petition, he has filed a Caveat Petition in Caveat(MD)No.1892 of 2015 before this Court and on the date of hearing, i.e., on 03.11.2015, Caveat(MD)No.

1892 of 2015 was not mentioned in the cause list and no notice was given to the review petitioner and this Court allowed the Civil Revision Petition on the said date. Therefore, the petitioner wants to re-hear the matter afresh. According to the petitioner, even though he has filed the Caveat Petition, without hearing him, the learned Judge has allowed the Civil Revision Petition.

5.I have heard the petitioner/party-in-person and the learned counsel for the respondents 2 to 4 and perused the materials available on record.

6.The learned counsel for the respondents 2 to 4 admitted that the petitioner has filed the Caveat Petition before filing of the Civil Revision Petition, which was returned for some corrections and the same is pending, but, unfortunately, the said Caveat Petition was not mentioned in the cause list. Therefore, this Court is inclined to set aside the order dated 03.11.2015 made in C.R.P.(MD) No.2399 of 2015. Accordingly, it is set aside and the Review Application is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

Registry is directed to post the Civil Revision Petition on 24.07.2018, for final hearing.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The II Additional District and Sessions Judge, Thanjavur.

2.The I Additional Subordinate Judge, Kumbakonam.

COPY TO:

1.The Section Officer (Judicial Posting), Madurai Bench of Madras High Court, Madurai.

(To list the CRP on 24.07.2018 for final hearing) 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (Two Copies) +1cc to M/S.K.G.Rajendran, Party-in-Person SR.No. 70747 Review Application (MD)No.232 of 2017 02.07.2018 smn2 JM/PN/SAR 2/09.07.2018/3P/7C