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2025 DAILYLAW 156569 (MAD)

A.SYED IBRAHIM v. S.SIYATHU BAVA

REV.APLC(MD)/117/2024 · 2025-02-27

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Rev.Aplc(MD) No.117 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 27.02.2025 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Rev.Aplc(MD) No.117 of 2024 in A.S (MD) No.193 of 2022 & C.M.P.No.13005 of 2024 1.A.Syed Ibrahim Son of Akbar Nainar 2. S.Jasmin Rani Wife of A.Syed Ibrahim .... Petitioners Versus 1.S. Siyathu Bava S/o.Late. Shahul Hameed 2. M.Salhabeevi W/o.Mohammed Ibrahim 3. S.Nabeezhabeevi W/o.Late. Shahul Hameed 4. S.Sheikabdulla S/o.Shahul Hameed 5. S.Rahamathnisha W/o.Syed Mohamed 1/4 https://www.mhc.tn.gov.in/judis Rev.Aplc(MD) No.117 of 2024 6. S.Inupasariya W/o.Syed Abthakir 7. M.Aayeeshamariyam W/o.Mohamed Mahabub 8. S.Naina Mohamed S/o.Shahul Hameed ....Respondents Review Application has been filed under Order 47 Rules 1 and 2 read with Section 114 of Civil Procedure Code 1908 to review the judgment and decree of this Court dated 07.06.2023 made in A.S (MD) No.193 of 2022. For Petitioner ... Mr.VR.Shanmuganathan For Respondent ... Mr.K.Vijaysathya for R3, R4, R6 &R12 Mr.M.Balakrishnan for R8 R1 – No appearance R2 – No such person (No Appearance) R5 – Refused (No Appearance) ------ 2/4 https://www.mhc.tn.gov.in/judis Rev.Aplc(MD) No.117 of 2024 O R D E R This review application has been filed by the petitioners, who are third parties to the appeal, on the ground that the Court allowed the appeal based on the compromise entered into between the parties on 07.06.2023 but the property, which was subject matter of the suit, was sold to the review petitioners on 29.07.2022 itself. 2. This Court is of the view that if the review applicants were not a party to the proceedings, judgment, if any rendered will not be binding on them. If the petitioners have any independent right, it is for them to establish the same in an appropriate manner. 3. Accordingly, this review application is dismissed. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs. 27.02.2025 gpa 3/4 https://www.mhc.tn.gov.in/judis Rev.Aplc(MD) No.117 of 2024 N. SATHISH KUMAR, J gpa Rev.Aplc(MD) No.117 of 2024 in A.S (MD) No.193 of 2022 & C.M.P.No.13005 of 2024 27.02.2025 4/4 https://www.mhc.tn.gov.in/judis