IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 RP.No. 461 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN RSA.142/2008 Dated 12/02/2008 AS.130/2004 of PRINCIPAL SUB COURT,PARAVUR .................... : REVIEW PETITIONER/APPELLANT/APPELLANT/2ND DEFENDANT ----------------------------------------------------------------------- SURESH BABU, S/O.KUTTAPPAN, RESIDING IN AMC 18/433, PALACE ROAD, ALUVA. BY ADV. SRI.A.JAYASANKAR SRI.MANU GOVIND RESPONDENTS/ RESPONDENTS/RESPONDENTS/PLAINTIFFS & IST DEFENDANT --------------------------------------------------------------- 1. SRI.MOHAMMED AZEEM, S/O.KUNJALI NAINA, VEZHAPPILLY HOUSE, PLACE ROAD, REPRESENTED BY POWER OF ATTORNEY HOLDER, KUNJALI NAINA, S/O.MUHAMMED, VAZHAPPILLY HOUSE, PALACE ROAD, ALUVA. 2. SMT.HALEEMA NAINA, W/O.KUNJALI NAINA, VAZHAPPILLY HOUSE, PALACE ROAD, ALUVA. 3. SRI.V.K.ANEEZ, S/O.KUNJALI NAINA, VAZHAPPILLY HOUSE, PALACE ROAD, ALUVA. 4. SRI.V.K.HARRIZ, S/O.KUNJALI NAINA, REPRESENTED BY POWER OF ATTORNEY HOLDER, KUNJALI NAINA, VAZHAPPILLY HOUSE, PALACE ROAD, ALUVA. 5. THE ALUVA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ALUVA-1. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== R.P. NO. 461 OF 2008 in R.S.A.No.142 OF 2008 =========================== Dated this the 11th day of April, 2008 ORDER This petition is filed to review the judgment dated 12.2.2008 contending that title claimed by the plaintiffs is based on the final decree which is stayed in A.S.251/2006 and the judgment of this court will prevent petitioners from getting the decree granted in the suit altered in case the final decree is to be set aside in A.S.251/06. I do not find that the judgment warrants a review on that ground. If the final decree in O.S.328/1987 is set aside and it is found that plaintiffs are not entitled to the property, the dismissal of the second appeal will not prevent petitioner from seeking appropriate relief. Review Petition is dismissed with the said observation. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006