Muthukrishnan v. Subbaiah

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2023

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Rev.Apl.(MD).No.64 of 2023 1.Muthukrishnan 2.Srinivasa Ramanujam Petitioners Vs.

Subbaiah Respondent PRAYER : Review Application filed under Sections 114 and Order 47 Rule 1 CPC to review the order, made in CRP(MD).No.2405 of 2018, dated 03.08.2023 by allowing the Review Petition. For Petitioner : Mr. A. Joel Paul Antony

ORDER

This Review Application is filed to review the order, dated 1/4

03.08.2023 made in CRP(MD).No.2405 of 2018, by allowing the Review Petition.

2. The learned counsel appearing for the petitioners would submit that in the order passed by this Court, there is no reference in respect of the the Surveyor's report. When there was no Surveyor report, the order passed by this Court, dated 03.08.2023 made in CRP(MD).No. 2405 of 2018 is to be reviewed.

3. However, while perusing the typed set of papers in page No. 43, there is a reference about the assistance of Surveyor and there is also a Surveyor plan. Though as rightly submitted by the learned counsel for the petitioners no Surveyor's report, since because the Surveyor's assistance was taken by the Advocate Commissioner, this Court could not find any merit in this Review Petition.

4. In the result, this Review Petition is dismissed. No costs.

5. The learned counsel for the petitioners also further submitted that the suit in which the Civil Revision Petition has arisen has already 2/4

been disposed of and therefore, even otherwise, the Revision is not maintainable.

25.09.2023 Index :

Yes / No Internet :

Yes / No trp To The I Additional Sub Judge, Trichirapalli.

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C.KUMARAPPAN, J., trp Rev.Apl.(MD).No.64 of 2023 25.09.2023 4/4