A single-judge bench of the Madras High Court dismissed an application to amend a review petition because the underlying review petition had already been disposed of by a prior order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) No.1159 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Fifteenth day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice R.SUBRAMANIAN
CMP(MD) No.1159 of 2022 IN REV.APLC(MD) No.99 of 2021
KUMAR @ RADHAKRISHNAN
... PETITIONER/ REVIEW PETITIONER/ APPELLANT
1 PONNURAMAN
2 PANCHANATHA CHOLANGA THEVA AMBALAKARAR(DIED)
... RESPONDENT/ RESPONDENTS/ RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to receive the document more fully described hereunder as an additional evidence more fully described hereunder as an additional evidence in Review Petition No.99 of 2021 in SA (MD) No.49 of 2015 on the file of this Honourable Court.
PRAYER REV.APLC(MD) No.99 of 2021: Review Petition filed under Order 47 Rules 1 & 2 r/w Section 114 of the Code of Civil Procedure to review the judgment and decree dated 18.02.2021 made in S.A.(MD) No.49 of 2015 on the file of this Court modifying the judgment and decree of the 1st appellate Court viz., II Additional District & Sessions Court, Thanjavur dated 28.10.2014 made in A.S.No.8 of 2011 and granting preliminary decree for ½ share of items 1 to 14, 16 to 19 of plaint A schedule and items 1 to 4 of plaint B schedule properties for the review petitioner and allow this review application.
PRAYER IN S.A.(MD) NO.49 OF 2015 :- Second Appeal is filed under Section 100 of Civil Procedure Code against the Judgment and Decree passed in A.S.No.8/2011 on the file of II Additional District and Sessions Court, Thanjavur dated 28.10.2014, reversing the judgment and decree passed in O.S.No.12 of 2006, on the file of Additional Sub Court, Thanjavur dated 20.04.2010.
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CMP(MD) No.1159 of 2022
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.SRINIVASA RAGHAVAN, Advocate for the petitioner and of Mr.R.RAJARAMAN, Advocate for the 1st Respondent, the court made the following order:-
In view of the order passed in the Review Petition, this petition is dismissed.
sd/15/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
ORDER IN CMP(MD) No.1159 of 2022 IN REV.APLC(MD) No.99 of 2021 Date :15/03/2022 RR
MS/PN/SAR-4/26.04.2022/2P.3C
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1 issue framed by the court
Whether amendment or fresh appeal would lie after the Review Petition was disposed of.
KUMAR @ RADHAKRISHNAN
Ponnuraman
PANCHANATHA CHOLANGA THEVA AMBALAKARAR(DIED)
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
