Amirthavalli (Died) 1. M.Raghuveeran v. K.Athmanathan
Case brief
What is this about?
Madras HC review application (REV.APPL No. 55 of 2026 and CMP No.3602 of 2026), P.B. Balaji J., decided 11-02-2026, seeking review under Order 47 Rules 1 and 2 read with Section 114 CPC of order dated 28.11.2025 in CRP No.929 of 2025. Ground: reviewed order recorded I.A.No.226 of 2021 filed only in 2021; counsel asserted filing on 11.02.2019 (printed '11.02.20219') prevented by COVID Pandemic. Held: error did not affect the ultimate result since petitioner had appeared in the Execution Petition in 2016 and taken no steps after the ex parte decree in the suit for specific performance; no error apparent on the face of the record; review dismissed. Keywords: review application, error apparent on face of record, Order XLVII Rules 1 and 2 CPC, Section 114 CPC, execution petition, ex parte decree, specific performance.
What did the court decide?
The petitioner had entered appearance in the Execution Petition even in 2016 and took no steps thereafter, after having come to know of the ex parte decree in the suit for specific performance; this was clearly noticed in Paragraph No.7 of the reviewed order itself.