IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 RP.No. 692 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN RSA.551/2009 .................... REVIEW PETITIONER/APPELLANT IN THE R.S.A. ------------------------------------------------------------------- SHEIK MUSTHAFA S/O SHAHUL HAMEED AGED 52 YEARS, AGRICULTUIRIST ATTAYAMPATHI, MUTHALAMADA VILLAGE CHITTUR TALUK, PALAKKAD DISTRICT BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT/RESPONDOENT IN R.S.A. NO. 551 OF 2009 ------------------------------------------------------------------------------ VELU SWAMY, S/O PAZHANI KOUNDER AGED 70 YEARS, ALAMKADAVU DIVANSAPUTHUR, POLLACHI TALUK COIMBATURE DISTRICT, TAMILNADU THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- R.P. No.692 of 2009 in R.S.A.No. 551 of 2009 ---------------------------------------- Dated this the 20th day of August, 2009 ORDER This Court by judgment dated 24.6.2009 disposed of R.S.A. No.551 of 2009 after considering the entire evidence and hearing the review petitioner (defendant in the suit) and the respondent (plaintiff in the suit) . This Court noticed the fact that the courts below being elaborately considered the oral and documentary evidence and the respective contentions of both parties, concurrently held that the execution of Ext.A1 Promissory note was proved by the respondent/plaintiff and the review petitioner/defendant, failed to rebut the said presumption of law.. This Court also found that the there are no reasons to interfere with the findings entered by the courts below. The grounds raised by the review petitioner/defendant for reviewing the judgment under review are questions not touching the merits of the case I also find that the review petitioner/defendant has not made out any grounds to invoke this Court's jurisdiction under Section 114 read with Order XLVII Rule 1 of the C.P.C. Therefore this review petition is dismissed as devoid of any merits. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- R.P. No.692 of 2009 in R.S.A.No. 551 of 2009 ---------------------------- ORDER 20th August, 2009