IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 RP.No. 860 of 2008(L) --------------------- AGAINST THE JUDGEMENT IN WPC.35398/2007 Dated 17/07/2008 .................... PETITIONER: ------------- KOOVAKKADAN UBAID, S/O.MOOSAKUTTY, PULLANCHERI P.O., MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI RESPONDENTS: RESPONDENTS 1 AND 2: ----------------- 1. ABDULLA KOOLIYODAN, S/O.HASSAN, PULLANCHERI P.O., MANJERI, ERNAD TALUK, MALAPPURAM DISTRICT. 2. ERIKKUNNAN ABDUL MAJEED, S/O.MUHAMMED, PAYYANAD, PULLANCHERI P.O. MANJERI, ERNAD TALUK, MALAPPURAM DISTRICT. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- R.P.No.860 of 2008 in W.P.(C) No.35398 of 2007 ------------------------------- Dated this the 11th August, 2008. O R D E R This petition is filed under Order XLVII of Rule 1 of Code of Civil Procedure to review the judgment in W.P.(C) No.35398 of 2007. 2. The learned counsel appearing for the petitioner was heard. 3. The argument of the learned counsel is that the judgment warrants a review, as following the Division Bench decision, this Court held that only a revision under Section 115 of Code of Civil Procedure will lie. The argument of the learned counsel is that after the amendment to Section 115 of Code of Civil Procedure, a revision will lie only, the revision, if allowed, would terminate the proceedings, and no revision petition will lie under Section 115 of Code of Civil Procedure, and, therefore, Article 227 of the Constitution of India has to be applied. RP.No.860 of 2008 2 4. The writ petition was dismissed not on the ground of maintainability alone, but finding that there is no illegality or irregularity in the impugned order warranting interference in exercise of supervisory jurisdiction of this Court. Therefore, I do not find any reason to review the judgment. The question whether a petition under Article 227 of the Constitution of India would lie or not is not to be decided in this petition. The review petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.