REV.APLC.(MD)No.88 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2021 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR REV.APLC.(MD)No.88 of 2011 1.L.Anadal (died) 2.L.Sri Krishna 3.Geetha Gopalkrishnan 4.Padmini Narendran 5.Srimathi Sridharan ... Petitioners/Appellants 2 to 5 -Vs- 1.K.Periyasamy (died) 2.S.Rahma Bibi 3.P.Santhanam (died) 4.J.High Court Petchi 5.P.Chellam (Died) 6.C.Packiayam 7.P.Balakrishnan 8.A.Meenakshi 9.Kamala Santhanam 10.Uma 11.Prabhakaran 12.Nivetha 13.Nithya ...Respondents/Respondents (Cause title amended vide order dated 04.03.2020 made in CMP(MD) No.6468/19 in CMP(MD)No.2207 to 2209/2018 in Rev.APLC(MD)No.88 of 2011) (Respondents 3 to 8 are brought on record as legal representatives of deceased 1st respondent vide order of this Court dated 16.03.2020 made in C.M.P.(MD).No.2207 to 2209 of 2018 of 2020 in Rev.Aplc.(MD). No.88 of 2011) (Respondent No.9 is brought on record as legal representatives of the deceased 1st respondent vide Court order dated 16.03.2020 made in C.M.P.(MD).No.2847 of 2020 in Rev.Aplc.(MD).No.88 of 2011) (Respondents 10 to 13 are brought on record as legal representatives of deceased 5th respondent vide Court order dated 16.03.2020 made in C.M.P.(MD).No.2849 of 2020 in Rev.Aplc.(MD).No.88 of 2011) PRAYER: Review Application is filed under Section 114 and Order 47 Rule 1 and 2 of Civil Procedure Code, to review the order dated 15.04.2010 made in S.A.(MD).No.815 of 2007, on the file of the Court. Prayer in SA(MD). 815 of 2007 : Second Appeal is filed under section 100 of Civil procedure Code, praying this Hon'ble Court against the Judgment and decree dated 16.12.2004 made in AS.156/2002, on the file of the I Additional Sub Judge, Madurai preferred the judgment and decree 1/3 https://hcservices.ecourts.gov.in/hcservices/ REV.APLC.(MD)No.88 of 2011 dated 04.01.2002 made in OS.62/2000 on the file of the District Munsif, Madurai. For Petitioners : Mr.S.Chandrasekaran For R-4, R-6 to R-13 : Mr.Georgeraja for M/s.Ajmal Associates For R-2 : No Appearance For R-1, R-3 & R-5 : Died ORDER This application has been filed to review the decree and judgment of this Court in S.A.(MD).No.815 of 2007, dated 15.04.2010. 2. The main ground alleged in the application for review the judgment is that the Court has not considered the evidence properly and the additional documents are also not considered by this Court. Therefore, the judgment is required to be reviewed. 3. It is not in dispute that as against the judgment and decree of this Court dated 15.04.2010, a Special Leave Petition to Appeal (Civil)..../201- CC 17295/2010 was filed before the Hon'ble Supreme Court of India and the Hon'ble Apex Court has dismissed the petition filed by the appellants herein. 4. It is well settled that a decision can be reviewed on the ground of discovery of new and important matter or evidence, which after the exercise of due diligence was not within the knowledge of the party or could not be produced by him at the time when the decree was passed, or an account of some mistake or error apparent on the face of the record or for any other sufficient reason, the application would be maintainable to review the judgment. 5. Therefore, such view of the matter, the review cannot be maintainable. As a matter of right, the entire review application makes it very clear that the grievance of the applicant is that the Court has not considered the evidence properly. If such application is entertained, the same will amount to sitting over the judgment of this Court in a Review Application. Hence, I do not find any merit in the Review Application and the same stands dismissed. No costs. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3 https://hcservices.ecourts.gov.in/hcservices/ REV.APLC.(MD)No.88 of 2011 Tsg To 1.The I Additional Subordinate Judge, Madurai. 2.The District Munsif, Madurai. Copy to The Section Officer,(2 copies) Vernacular Records, Madurai Bench of Madras High Court, Madurai. +1cc to M/s.Ajmal Associates, Sr.No.6350 order made in REV.APLC.(MD)No.88 of 2011 19.02.2021 VB (01.03.2021) 3P 6C 3/3 https://hcservices.ecourts.gov.in/hcservices/