RANGANAYAKIAMMAL Vs. SARASWATHIAMMAL

JUDGEMENT

(1.) THE petitioners filed O.S.No.357 of 1991 on the file of the Subordinate Court, Udumalpet, for partition of their half share in the suit property and the suit was decreed. The defendants 1, 3 to 5 preferred first Appeal in A.S.No.392 of 1995 before this Court and the first Appeal was allowed in Part on 10.8.2007. The petitioners herein aggrieved by the orders passed in A.S.No.392 of 1995 filed Review Petition No.159 of 2007 to review the judgment rendered in A.S.No.392 of 1995 and that Review Petition was later dismissed as withdrawn.

(2.) THE petitioners filed Special Leave Petition before the Hon'ble Supreme Court against the judgment and decree dated 10.8.2007 made in A.S.No.392 of 1995 and the Special Leave Petition was also dismissed on 31.3.2008 and the Review Petition preferred against the said order before the Hon'ble Supreme Court was also dismissed and the attempts made by the petitioners to prefer a Curative Petition also failed. Thereafter, the petitioners filed a Review Petition in S.R.No.94580 of 2011 to review the Judgment and decree made in A.S.No.392 of 1995 dated 10.8.2007 along with M.P.No.1 of 2012 to condone the delay of 1500 days in filing the Review Application.

(3.) AS the maintainability of Review Petition was also raised by the respondents 1 and 3 and they also opposed the Petition to condone the delay, I decided to hear parties on both aspects and the both the learned counsel submitted their arguments in that regard.