Almajithul Mubarak Pallivasal v. Jamaiyathu Ahlil Quran Val Hadhees

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2023

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU REV. APLC (MD).No. 66 and 67 of 2020 in S.A (MD) No.1021of 2007 & S.A (MD) No.197 of 2008 and CMP(MD).No.7306 of 2020 --- Al Majithul Mubarak Pallivasal Rep. By its Administrative committee President Sheik Uthuman

...Petitioner/1st Respondent

in Rev.Aplc No.66&67of 2020 .Vs.

1. Jamaiyathu Ahlil Quran Val Hadhees Represented by its president S. Kamaludeen Madurai ...1st Respondent/Appeallant in Rev.Aplc No.66&67of 2020

2. Jamaiyathu Ahlil Quran Val Hadhees Represented by its District Secretary, Kovai Aayub

3. K.S. Rahamathulla Imthagi, S/o syed Ali

4. K.S. Abdulla Umari, S/o Karukaliba Syed 5.K. Mohamed Ismail Noor, S/o Meeran Maideen 1/5

6.E.K.M.S. Bhava, S/o Shahul Hameed

7. S.Allah Pitchai, S/o Syed Jalaluddin

8. S.S.U. Sekana, S/o Usman

9. K.M. Abul Nazeer, S/o Mohamed Yousuff ..Respondents 2 to 9 in both Rev.Applications.

PRAYER in both Review Applications:- Petitions filed to review the judgment and decree dated 30.06.2020 passed in S.A.(MD).No.1021 of 2007 and S.A.(MD).No.197 of 2008.

For Petitioner :

Mr.G.Prabu Rajadurai For Respondents :

Ms.Jenifar Bifur.

C O M M O N O R D E R The above Review Applications are filed seeking to review the judgment dated 30.06.2020 passed in S.A.(MD).No.1021 of 2007 and S.A. (MD).No.197 of 2008.

2. A perusal of the affidavit filed in support of the review applications, 2/5

would go to show that the review applicant assails the findings of this court stating that the judgment is vitiated.

3. The argument of the learned counsel for applicant/review petitioner is that this Court should re-open the findings recorded in the judgment under review.

4. It is made clear here that review jurisdiction cannot be used for that purpose. This is not the scope of Section 114 read with Order 47 Rule 1 CPC. Power of review can be exercised for correction of a mistake but not to substitute a view.

5. The review is also not an appeal in disguise. In the considered view of this court, there is no error apparent on the face of the record warranting review of judgement dated 30.06.2020. If the petitioner is aggrieved, he can file appeal and work out the remedy in the manner known to law. This court in exercise of review jurisdiction, without sufficient and just reasons, cannot review its own judgment. Finding no merits, the present Review applications are dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

3/5

03.02.2023 Index: Yes / No nvsri 4/5

J.NISHA BANU,J.

nvsri Rev.Aplc.(MD).Nos.66 and 67 of 2020 03.02.2023 5/5