Dismissed¶34

A.Syed Ibrahim v. S.Siyathu Bava

Madras HC27 Feb 2025REV.APLC(MD)/117/2024

Case brief

AI extract

What is this about?

Madras High Court, single judge (N. Sathish Kumar, J.), order dated 27.02.2025 dismissing Rev.Aplc(MD) No.117 of 2024 in A.S (MD) No.193 of 2022 & C.M.P.No.13005 of 2024. Review by third parties who bought the suit property on 29.07.2022 of an appeal allowed on compromise on 07.06.2023. Key point: judgments do not bind non-parties; independent rights to be established separately. Statutes: Order 47 Rules 1 and 2 and Section 114, Civil Procedure Code 1908. No precedents cited; no quantum involved.

What did the court decide?

If the review applicants were not a party to the proceedings, the judgment rendered therein will not be binding on them. ¶33

A.Syed Ibrahim Vs S.Siyathu Bava — Madras HC (2025) — LawSathi Research

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Rev.Aplc(MD) No.117 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 27.02.2025

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C O R A M

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THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

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Rev.Aplc(MD) No.117 of 2024 in A.S (MD) No.193 of 2022 & C.M.P.No.13005 of 2024

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1.A.Syed Ibrahim

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Son of Akbar Nainar

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S.Jasmin Rani

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Wife of A.Syed Ibrahim .... Petitioners

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Versus

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1.S. Siyathu Bava

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S/o.Late. Shahul Hameed

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M.Salhabeevi

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W/o.Mohammed Ibrahim

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S.Nabeezhabeevi W/o.Late. Shahul Hameed

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S.Sheikabdulla S/o.Shahul Hameed

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S.Rahamathnisha W/o.Syed Mohamed

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https://www.mhc.tn.gov.in/judis

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1/4

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Rev.Aplc(MD) No.117 of 2024

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S.Inupasariya W/o.Syed Abthakir

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M.Aayeeshamariyam W/o.Mohamed Mahabub

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S.Naina Mohamed S/o.Shahul Hameed ....Respondents

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Review Application has been filed under Order 47 Rules 1 and 2 read with Section 114 of Civil Procedure Code 1908 to review the judgment and decree of this Court dated 07.06.2023 made in A.S (MD) No.193 of 2022.

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For Petitioner ... Mr.VR.Shanmuganathan For Respondent ... Mr.K.Vijaysathya for R3, R4, R6 &R12 Mr.M.Balakrishnan for R8 R1 – No appearance R2 – No such person (No Appearance) R5 – Refused (No Appearance)

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https://www.mhc.tn.gov.in/judis

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2/4

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Rev.Aplc(MD) No.117 of 2024

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O R D E R

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This review application has been filed by the petitioners, who are third parties to the appeal, on the ground that the Court allowed the appeal based on the compromise entered into between the parties on 07.06.2023 but the property, which was subject matter of the suit, was sold to the review petitioners on 29.07.2022 itself.

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This Court is of the view that if the review applicants were not a

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party to the proceedings, judgment, if any rendered will not be binding on them. If the petitioners have any independent right, it is for them to establish the same in an appropriate manner.

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