IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 RP.No. 736 of 2008(P) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.12532/2003 Dated 16/07/2007 .................... REVIEW PETITIONER(S): PETITIONER:- ---------------------------------- KURIAN,S/O JOSEPH, VARICKAMAKKAL (H), MUTTOM KARA, MUTTOM VILLAGE, THODUPUZHA, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, JOSEPH JOSEPH, AGED 58, VARICKAMAKKAL (H), MUTTOM P.O., THODUPUZHA. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.GEORGE KURUVILLA(ALAPPUZHA) RESPONDENT(S): --------------- K.N.PARAMESWARAN NAMBOODIRI, S/O LATE NARAYANAN NAMBOODIRI, KADAMARUKU ILLAM, MUTTAM KARA, MUTTOM VILLAGE, THODUPUZHA REP: BY P/W M.V. NARAYANAN NAMBOODIRI, S/O VASUDEVAN NAMBOODIRI,MUNDAKUDI ILLAM,HOUSE NO. 32/1599, VENNALA, PALARIVATTOM, COCHIN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS.C.KURIAKOSE,J. ------------------------ R.P. NO.736 OF 2008 IN W.P.(C)No.12532 OF 2008 ------------------------ Dated this the 4th day of November, 2008 O R D E R Sri.K. Ramkumar, learned senior counsel has addressed me extensively. He would submit that the finding entered by me that the “plaintiff respondent attempted to snatch an ex-order in respect of the properties behind the back of one Manual” is warranted. According to him, if such a finding is allowed to stand, the learned Munsiff will become oblige to initiate action against the plaintiff. 2. Having regard to the contours of this court's jurisdiction under Order 47 Rule 1 of the C.P.C., which are well defined, I do not find any reason for reviewing the judgment. However, in view of the apprehension expressed by the learned senior counsel, I direct the learned Munsiff not to be influenced by the observations, which I had made in the judgment regarding the “attempt by the respondent plaintiff to snatch an ex parte order” while taking the decision pursuant to the directions in R.P.No.736/2008 2 the judgment. The learned Munsiff will pass orders independently on the basis of the materials which are available and comes to be available before him. (PIUS.C.KURIAKOSE,JUDGE) dpk