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Subramaniyan vs Balamurugan

Subramaniyan vs Balamurugan

Type Court Judgment Court Chennai Decided Apr 01, 2026
~3 min read
https://sooperkanoon.com/case/1436282

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
REV.APPL/243/2024

Parties & Advocates

Appellant / Petitioner

Subramaniyan

Respondent

Balamurugan

Excerpt

.....senior counsel for mr.t.deeraj for r1order(order of the court was made by r.suresh kumar, j.) this review application has been filed against the order passed by the division bench dated 05.01.2024 in a.s.no.202 of 2017. page1 of 42. in fact, the said appeal suit was filed against the judgment and decree passed in o.s.no.1 of 2012 dated 08.02.2017 on the file of the principal district judge, perambalur.3. the division bench having considered the merits of the case, especially, the judgment of the trial court has come to the conclusion that, thejudgment of the trial court does not deserve to be interfered with, therefore, theappeal was dismissed, as against which, the appellants preferred special leave petition in slp(civil) diary no.7317 of 2024 in the matter of subramaniyan & others vs. balamurugan & another and the said special leave petition came to be dismissed by order of the hon’ble supreme court dated 01.04.2024, which reads thus: “delay condoned. after hearing the learned counsel for the petitioners, we do not find any reason to interfere with the order impugned in this petition. the special leave petition is, accordingly, dismissed. pending application(s), if any, shall also stand disposed of.”4. despite the dismissal having been suffered by the present applicants / appellants, the present review application has been filed. page2 of 45. we have gone through the order which is sought to be reviewed herein, where not even an iota of error is able to be pointed out by the review applicants.6. once the order which is sought to be reviewed already been testedbefore the hon’ble supreme court in a special leave petition where the special leave petition has been dismissed, thereby the order passed by the first appellate court which is sought to be reviewed herein since is confirmed, we do not find any good reason to show our indulgence that too in a review jurisdiction as apparently there has been no error available before us to.....

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MR JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR in

1. Subramaniyan

2. Palaniyammal

3. S.Suresh ..Applicants Vs

1. Balamurugan

2. C.Suresh ..Respondents PRAYER : Review Application filed under Section 114 r/w. Order 47 Rule 1 of CPC to review the order in A.S.No.202 of 2017 dated 05.01.2024. For Applicants: Mr.S.Kamadevan For Respondents: Mr.P.Valliappan, Senior Counsel for Mr.T.Deeraj for R1

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This review application has been filed against the order passed by the Division Bench dated 05.01.2024 in A.S.No.202 of 2017. Page1 of 4

2. In fact, the said appeal suit was filed against the judgment and decree passed in O.S.No.1 of 2012 dated 08.02.2017 on the file of the Principal District Judge, Perambalur.

3. The Division Bench having considered the merits of the case, especially, the judgment of the trial Court has come to the conclusion that, the

judgment of the trial Court does not deserve to be interfered with, therefore, the

appeal was dismissed, as against which, the appellants preferred Special Leave Petition in SLP(Civil) Diary No.7317 of 2024 in the matter of Subramaniyan & others Vs. Balamurugan & another and the said Special Leave Petition came to be dismissed by order of the Hon’ble Supreme Court dated 01.04.2024, which reads thus: “Delay condoned. After hearing the learned counsel for the petitioners, we do not find any reason to interfere with the order impugned in this petition. The Special Leave Petition is, accordingly, dismissed. Pending application(s), if any, shall also stand disposed of.”

4. Despite the dismissal having been suffered by the present applicants / appellants, the present review application has been filed. Page2 of 4

5. We have gone through the order which is sought to be reviewed herein, where not even an iota of error is able to be pointed out by the review applicants.

6. Once the order which is sought to be reviewed already been tested

before the Hon’ble Supreme Court in a Special Leave Petition where the Special Leave Petition has been dismissed, thereby the order passed by the First Appellate Court which is sought to be reviewed herein since is confirmed, we do not find any good reason to show our indulgence that too in a review jurisdiction as apparently there has been no error available before us to interfere. In that view of the matter, this Review Application is liable to be dismissed, accordingly, it is dismissed. However, there shall be no order as to costs. (R.S.K., J.) (N.S., J.) Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No vji To The Principal District Judge, Perambalur. Page3 of 4

R.SURESH KUMAR, J.

AND

N.SENTHILKUMAR, J.

vji in Page4 of 4

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