C.E.SATHYANARAYANA REDDI Vs. C.E.SULOCHANA

JUDGEMENT

(1.) THE appellant, against whom the judgment was delivered by a Division Bench of this Court, in which one of us (RPSJ) is a party to the judgment dated 19.8.2009, has filed the present review.

(2.) THE short facts are that the first respondent, who is the mother of the review applicant, has filed a suit in O.S.No.8620 of 1996 on the file of the Second Assistant Judge, City Civil Court, Madras praying for a mandatory injunction and to reconstruct the compound wall alleged to have been demolished by the applicant. In the said suit, it is not in dispute that various issues have been framed including the issue relating to the title and partition. Ultimately, the suit filed by the mother of the applicant, namely the first respondent, came to be decreed on 16.2.1999. It was against the said judgment and decree, the applicant filed an appeal in A.S. No.324 of 2000 and that came to be dismissed as settled out of Court on 11.12.2001, thereby the judgment and decree passed against the review applicant dated 16.2.1999 has become final. Later, the mother of the applicant, namely the first respondent filed another suit in C.S.No.719 of 2005 for recovery of possession, which suit is pending in this Court.

(3.) WE are unable to accept the contention of the learned counsel for the applicant. In the case of review, unless the applicant shows an error apparent on the face of the record in the judgment, it is not for this Court to interfere. More over, as held by the Division Bench in the original side appeal, even though a finding was given relating to the title, partition, etc., in which the applicant consciously participated and suffered a decree, in spite of an occasion for him to file an appeal and in fact, he has filed an appeal in A.S.No.324 of 2000 and withdrawn the same on 11.12.2001, the decree passed in O.S.No.8620 of 1996 in respect of all issues framed and decided in his presence is certainly binding on him and on the face of it, there is no error apparent for this Court to interfere.