1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.12.2011 CORAM THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN Rev.Aplc.(MD)Nos.117 and 118 of 2011 and MP(MD)Nos.2 and 2 of 2011 1.Purushothaman 2.Ambika 3.Maruthanayakkan 4.Vinoth 5.Sathish 6.Manikandan :Petitioners in both Rev.Aplcs.(Petitioners) -Vs- 1.Maruthambal 2.Vijayakanagavalli 3.Srinivasan 4.Raju 5.Uma 6.Minor Siva 7.Minor Nathankumar 8.Patchaiammal 9.Pushpam 10.Gomathy 11.Rajavelu (R-6 and R-7 are represented through their mother and guardian, the fifth respondent herein) :Respondents in both Rev.Aplcs.(Respondents) These Review Applications are filed under Order 47, Rule 1 r/w Section 114 CPC, against the common order dated 25.10.2010 made in CRP Nos.750 and 751 of 2005 on the file of this Court. CRP 750/2005:Civil Revision Petition filed under section 115 of the Civil Procedure Code, to set aside the order and decreetal order passed in I.A.No.1389 of 2001 in O.S.No.17 of 1977 dated 04.07.2005 on the file of the 1st Additional Sub Court, Tiruchirapalli. CRP 751/2005:Civil Revision Petition filed under section 115 of this Civil Procedure Code to set aside the order and decreetal order passed in I.A.No.659 of 2002 in O.S.No.17/1977 dated 04.07.2005 on the file of the 1s Additional Sub Court, Tiruchirapalli. For Petitioners in both Review Applications:Mr.F.X.Eugene For Respondents in both Review Applications:Mr.P.Thiagarajan COMMON ORDER The petitioners have come up with the above applications, seeking review of the order dated 25.10.2010 passed in CRP Nos.750 and 751 of 2005. 2.Heard Mr.F.X.Eugene, learned counsel for the petitioners and Mr.P.Thiagarajan, learned counsel for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3.One Mr.Sivalingam, whose legal heirs are the respondents herein, filed a suit for partition way back in 1977. The preliminary decree passed on 10.8.1979 in the suit was confirmed by this Court in A.S.No.28 of 1980 and upheld by a Division Bench of this Court in LPA No.199 of 1986 by a judgment dated 20.12.2000. 4.The decree holder filed an application for passing a final decree, in I.A.No.1389 of 2001. In the final decree application, the judgment- debtors, who are the petitioners, set up a Muchalika. It was disbelieved by the Court below and a final decree came to be passed. The petitioners filed CRP Nos.750 and 751 of 2005, challenging the orders of the Trial Court, dismissing the application I.A.No.659 of 2002 for receiving the Muchalika and allowing I.A.No.1389 of 2001 for a final decree. Both the revisions were dismissed by me by an order dated 25.10.2010 on two grounds viz., (i) that the date of the Muchalika was subsequent to the service of final decree application and (ii) that the Muchalika is unbelievable since the petitioners are not seeking a final decree in terms thereof. 5.Contending that the date of the Muchalika was wrongly taken by me as 22.10.2002 instead of 22.1.2002, the petitioners have come up with the above Review Applications on the ground that there is an error apparent on the face of the record. 6.It is true that the date of the Muchalika is wrongly taken as 22.10.2002 instead of 22.1.2002. But the ultimate outcome of the revision petitions would not have been any better for the petitioners, by taking the date of the Muchalika correctly. I have observed, in my order, that a person who relies upon a Muchalika, should have at least sought a final decree in terms of the Muchalika. But the petitioners were using the Muchalika only to prevent the Court from passing a final decree. They did not seek the Court to pass a final decree in terms of the Muchalika. Therefore, the revision petitions were in any case liable to be dismissed. Accordingly they were dismissed. 7.In view of the above, both the review applications are dismissed No costs. Consequently, connected miscellaneous petitions are also dismissed Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: The 1st Additional Subordinate Judge, Tiruchirapalli. +2CC's to Mr.F.X.Eugene, Advocate. SR.No.43264. +1CC to M/s.N.Krishnaveni, Advocate. SR.No.43261. Svn RP/13.12.2011/2P/5C. Rev.Aplc.(MD)Nos.117 and 118 of 2011 09.12.2011 https://hcservices.ecourts.gov.in/hcservices/