1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Rev.APLC.(md).No.16 of 2011 in C.R.P.NPD.(MD).No.31 of 2011 Sundari : Applicant/1st Respondent Versus 1. R.J.Nelson Robert Joseph (died) 2. Swarnamma Gabrieal (died) 3. George Joseph 4. Sarasammal 5. R.J.Suseelan R.J.Vijayan (died) 6. R.J.Prema Kumari 7. R.J.Thompson 8. R.J.Robinson 9. R.J.Stephenson 10. R.J.Wilson 11. R.J.Rosilet 12. R.J.Suja 13. George 14. Bovas 15. Beena Vijayan 16. Athira Vijayan 17. Anu Vijayan : Respondents/Respondents 2 to 17 Prayer: This Review Application filed under Order 47 Rule 1, r/w Section 114 of the Civil Procedure Code, 1908 against the order dated 07.01.2011 of this Honourable Court, made in C.R.P.(MD).No.31 of 2011 on its file. Prayer in C.R.P.(MD).No.31 of 2011: Civil Revision Petition has been filed under Article 227 of the Constitution of India against the petition and order dated 22.12.2010 passed in Unnumbered Execution Application in Execution Petition No.118 of 2009 in Original Suit No.644 of 1977 by the District Munsif Court, Kuzhithurai. For Rev.Applicant : Mr.K.N.Thambi JUDGMENT This review application has been filed against the order passed in C.R.P.No.31 of 2011 by this Court on 07.01.2011. 2. It is stated in the petition that the review applicant as petitioner has filed E.P.No.118 of 2009 on the file of the District Munsif Court, Kuzhithurai. During pendency of the same, the first respondent herein as revision petitioner has filed C.R.P.No.31 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 2 and obtained an order in his favour by way of suppressing the real facts. Under the said circumstances, so as to review the order passed in C.R.P.No.31 of 2011, the present review application has been filed. 3. Considering the nature of the order passed in C.R.P.No.31 of 2011 and also considering the order passed earlier so as to dispose of E.P.No.118 of 2009, this Court is of the view that notice need not be sent to the respondents and this review application is disposed of on merits at the stage of admission. 4. The only grouse expressed on the side of the review applicant is that the application mentioned in C.R.P.No.31 of 2011 is nothing but abuse of process of law and the same has been filed by way of suppressing the earlier order passed by the District Munsif Court, Kuzhithurai and therefore, the order passed in C.R.P.No.31 of 2011 is liable to be reviewed. 5. It is an admitted fact that the review applicant as petitioner has filed E.P.No.118 of 2009 and this Court has already directed the court below to dispose of E.P.No.118 of 2009 before the end of November 2010 and subsequently, C.R.P.No.31 of 2011 has been filed by the first respondent herein so as to get necessary direction to the court below. This Court has directed the court below to number the petition mentioned therein, if it is, otherwise in order. 6. Considering the fact that already this Court has directed the court below to dispose of E.P.No.118 of 2009 before the end of November 2010 and subsequently, the period already granted has been extended till March 2011, this Court is of the view that in stead of investigating the order passed in C.R.P.No.31 of 2011, necessary direction can be given to the court below to dispose of E.P.No.118 of 2009. With the above observations, this review application is liable to be disposed of. 7. In fine, this review application is disposed of on the basis of the observations made earlier without costs. However, it is made clear that the District Munsif Court, Kuzhithurai is strictly directed to dispose of E.P.No.118 of 2009 before the end of March 2011, without giving unnecessary adjournments and report the same to the Registry without fail. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The District Munsif, Kuzhithurai. Copy to: The Section Officer, Judicial Department, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.K.N.Thampi, dvocate (SR.No.10488) Rev.APLC.(MD).No.16 of 2011 in vs C.R.P.NPD(MD).No.31 of 2011 NSV/17.3.11/2P/4C 28.02.2011 https://hcservices.ecourts.gov.in/hcservices/