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Madras High CourtREV.APLC(MD)/3/2023dismissed

Karuppanan Alias Karuppana Gounder (Died), 1. Papathi, v. Vellaiyammal,

2023-01-19Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2023 C O R A M THE HONOURABLE Ms. JUSTICE P.T. ASHA REV.APLC (MD).No.3 of 2023 Karuppan @ Karuppanna Gounder (died) 1.Papathi 2.Arasayi .....Review Petitioners/Appellants 2 and 3 3.Kaliammal .....Review Petitioner No.

3/LR's of the deceased 1st Appellant 1.Vellaiyammal 2.Kaliammal 3.Lakshmi 4.Nalluchamy 5.Veeramalai 6.Subramani ... Respondents Review Application preferred under Order XLVII Rule 1 r/w Section 114 of C.P.C., r/w Article 226 of Constitution of India against the decision dated 27.09.2019 made in S.A(MD).No.431 of 2015 on the file of High Court of Madras, Madurai Bench and to review the said judgment and decree.

For Applicant : Mr.V.Karthick Raja For Respondents :Mr.A.Shajahan for R1 to R5

ORDER

The above review petition has been filed seeking to review the order dated 27.09.2019 passed by this Court in S.A(MD).No.431 of 2015.

2. Considering the very limited scope of the review, this Court is not extracting the facts of the case.

3. The review is filed on the ground that the Court has not taken into consideration Exs.B1 to B7 which would clearly show that the properties that had been purchased by the second defendant are his self acquired properties.

4. By making the above contention, the review petitioner is only

seeking once again to re-open the arguments already adduced in the Second Appeal. If he is aggrieved by non consideration of evidence, his remedy is elsewhere and not in the form of the review. The petitioner has not made out any case for reviewing the order by setting out that the judgment under review suffers from an error apparent on the face of the record or that he had come across a new piece of evidence or information which was not available to him earlier. Since no grounds of review have been made out, the said review petition is dismissed. No costs. 19.01.2023 ub

P.T.ASHA.,J.

ub REV.APLC (MD).No.3 of 2023 19.01.2023