IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 RP.No. 1114 of 2008(Y) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9652/2008 .................... REVIEW PETITIONER(S): PETITIONERS/RESPONDENTS ------------------------------------------------------------- 1. SIVANI, D/O.KALYANI, CHOOLAKKADAVIL, WARD NO.4, MANNANCHERRY GRAMA PANCHAYATH, NORTH ARYAD MURI, KOMALAPURAM VILLAGE. 2. MADHU, S/O.SIVANI, -DO- -DO- BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): PETITIONER ---------------------------------- KUTTAPPAN, S/O.GOVINDAN, AIKKARAPARAMBIL, WARD NO.14, MANNANCHERRY GRAMA PANCHAYATH, NORTH ARYAD MURI, KOMALAPURAM VILLAGE. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== R.P. NO.1114 OF 2008 in W.P.(C)9652/2008 =========================== Dated this the 4th day of November,2008 ORDER This petition is filed to review the judgment in W.P.(C)9652/2008 dated 9.6.2008. As per the judgment, at the instance of the respondent herein who is the petitioner in the Writ Petition, Exts.P6 and P9 orders passed by the learned Munsiff were set aside and learned Munsiff was directed to decide the identity of the plaint schedule property after hearing the plaintiff as well as the defendants, in the light of Ext.C1 report as well as the relevant provisions of Kerala Survey and Boundaries Act,1961. Case of the review petitioner is that in view of the judgment in the Writ Petition learned Munsiff may take that this court has found that under section 13 and 14 of the Kerala Survey and Boundaries Act,1961 the survey plan relied upon by the writ petitioner is to be accepted. In the judgment there was no such R.P.1114/2008 2 direction. I do not find any reason for the apprehension expressed by the learned counsel. This court only directed the Munsiff to decide the question of identity afresh after hearing the parties in the light of Ext.C1 report as well as the relevant provisions of Kerala Survey and Boundaries Act,19161. There is no apparent error or other sufficient reason warranting review of the judgment. Review Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006