IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 RP.No. 1080 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN AS.505/1997 Dated 11/12/2009 .................... REVIEW PETITIONER(S): APPELLANT/PLAINTIFF: ------------------------------------------------------------------------- ANANDHAKRISHNAN,S/O.CHAMUNNI, MOOLAMKOTTIL,KIZHAKKENCHERI,ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKATESH RESPONDENT(S): RESPONDENTS/DEFENDANTS: -------------------------------------------------------------------------- 1. MADHAVI,W/O.CHAMUNNI,KULAVAPADATH, KIZHAKKAMCHERRI,ALATHUR TALUK, POSTAL ADDRESS: M.V.MADHAVY,W/O.LATE K.A.CHAMUNNI, KALAVAPPADAM, MULANCODE PO, KIZHAKKENCHERRY, PALAKKAD 678 684. 2. RAJAN,S/O.MADHAVI,RESIDING AT DO....POSTAL ADDRESS:C.RAJAN,S/O/LATE K.A.CHAMUNNI, C/O.KARTHIKA CLINIC,VADAKKENCHERRY PO, PALAKKAD. 3. BALAKRISHNAN,S/O.DO. RESIDING AT DO. POSTAL ADDRESS-C.BALAKRISHNAN, S/O.K.A.CHAMUNNI, MARIYAPADAM HOUSE, MULANCODE PO, KIZHAKKENCHERRY(DIED),PALAKKAD 678 684. 4. SAHADEVAN,S/O.DO.NADIGODE, VANDITHAVALAM, CHITTUR TALUK, POSTAL ADDRESS C.SAHADEVAN,S/O.LATE K.A.CHAMUNNI,KALAVAPPADAM, MULANCODE PO, KIZHAKKENCHERRY,PALAKKAD 678 684. Kss ..2/- ..2... RP.NO.1080/2010 5. KERALADASAN,S/O.OF DO.KALAVAPADATH, KIZHAKKENCHERRY,ALATHUR TALUK, POSTAL ADDRESS, C.KERALADASAN,S/O.LATE K.A.CHAMUNNI,KAVALAPPADAM, DO. DO. 6. SETHUMADHAVAN,S/O.DO. RESIDING AT DO. POSTAL ADDRESS C.SETHUMADHAVAN,S/O.LATE K.A.CHAMUNNI,KAVALAPPADAM,DO. DO. 7. KRISHNANKUTTY,S/O.DO. RESIDING AT DO.DO. POSTAL ADDRESS C.SASIKUMAR(KRISHNANKUTTY), S/O.LATE K.A.CHAMUNNI,KAVALAPPADAM,DO. DO. 8. PARVATHI,D/O.DO. KANNIMANGALAM, ELEVAMPADAM,ALATHUR TALUK, POSTAL ADDRESS: C.PARVATHI, W/O.SETHUMADHAVAN,KANIMANGALAM, ELEVAMPADAM PO,KIZHAKKENCHERRY,PALAKKAD. 9. RUGMINI,S/O.KANNARA,PEECHI,THRISSUR DISTRICT,POSTAL ADDRESS.C.RUGMINI, W/O.PARAMESWARAN, MANGUSHI HOUSE, KANNARA PO, PEECHI,THRISSUR. 10. SIROMANI,RESIDING AT DO. MARIYAPPAN HOUSE, MULANCODE PO,KIZHAKKENCHERRY,PALAKKAD. 11. SHIBHU,R/AT DO. DO. 12. SHEEBHA,RESIDING AT DO. DO. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/11/2011, HE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss HARUN-UL-RASHID, J. ------------------------ R.P.No.1080 of 2010 in A.S.No.505 Of 1997 ---------------------- Dated this the 24th day of November, 2011. O R D E R The review petitioner is the appellant in A.S.No.505/1997. The said appeal preferred by the review petitioner was dismissed by this Court by judgment dated 11.12.2009. This Court held that there is no reason to interfere with the judgment and decree passed by the court below. 2. The suit was filed for partition. The court below passed a preliminary decree directing partition of the plaint schedule properties into 10 equal shares and to allot one out of such shares to the plaintiff. The decree and judgment passed by the trial court was confirmed by this Court in appeal. 3. The review petitioner/appellant submits that he and his wife are living in a shed put up in item No.4 property, that they have no other place of residence, that in the event of the said property being allotted to any other sharers they will be driven to streets and that unfortunately, this pathetic condition of ::2:: R.P.No.1080 Of 2010 the review petitioner/appellant could not be brought to the kind attention of this Court when the appeal was dismissed. Hence, the petitioner requests this Court to reserve such equity in favour of the review petitioner/appellant in the preliminary decree. 4. There is no merit in the review petition. The only request is for reserving the equity in favour of the review petitioner/appellant. The review petition is dismissed without prejudice to the right of the review petitioner to move for equity in the final decree proceedings. HARUN-UL-RASHID, Judge. bkn/-