IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & 9THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 RP.No. 1140 of 2009() --------------------- AGAINST THE JUDGEMENT IN FAO.335/2007 Dated 08/07/2009 REVIEW PETITIONERS: APPELLANTS. --------------------------------- 1. A.S.MUHAMMED MANZUR, S/O. MUHAMMED SEECRY, AGED 65 YEARS, BUSINESSMAN, COLOMBO STORES, VEERAJPET, KODAGU, KARNATAKA STATE. 2. A.H.MOULA ALI, S/O. A.S.MOHAMMED HASSAN, AGED 46 YEARS, BUSINESSMAN, COLOMBO STORES, VEERAJPET, KODAGU, KARNATAKA STATE, NOW AT COLOMBO STORES, 31-33 ERSKINE ROAD, NULL BAZAR, MUMBAI-400 003. 3. A.H.MOUZAM ALI, S/O. A.S.MOHAMMED HASSAN, AGED 44 YEARS, BUSINESSMAN, COLOMBO STORES, VEERAJPET, KODAGU, KARNATAKA STATE. BY ADV. SRI.R.SURENDRAN RESPONDENTS: RESPONDENTS. --------------------------- 1. ARACHAMVEETTIL HAJIRABI, W/O. LATE P.K.ABDULLA, AGED 55 YEARS, NO OCCUPATION, THALAPARAMBA BUNGALOW, KUTHUPARAMBA, THALASSERY TALUK, KANNUR DISTRICT. 2. SAJIDHA SALAM, D/O. LATE P.K.ABDULLA, AGED 35 YEARS, NO OCCUPATION, RESIDING AT THUMBAY APARTMENTS, 5TH FLOOR, ODELHO LANE, FAL-NIR, MANGALORE, KARNATAKA STATE. 3. BABIDHA MUSALIAR, D/O. LATE P.K.ABDULLA, AGED 33 YEARS, NO OCCUPATION, RESIDING AT 2ND FLOOR, TIRTHINAPALLI TERRACE,SRI.NAGAR COLONY, SAIDAPET, CHENNAI. R.P. 1140/2009 2 4. SHARMIN ABDUL WAHID, D/O. LATE P.K.ABDULLA, AGED 31 YEARS, NO OCCUPATION, RESIDING AT SABAH HOUSE, THIRUVANOOR NADA, OPPOSITE U.P.SCHOOL, CALICUT-1, KOZHIKODE DIST., KERALA. 5. P.K. SAFIA UMMA, W/O. LATE ABDUL SHUKUR (DIED), AGED 84 YEARS, NO OCCUPATION, RESIDING AT MOUNT PLEASANT, THALASSERRY, KANNUR DIST. 6. P.K.MOHAMMED, S/O. LATE A.K.KADARKUTTY, AGED 69 YEARS, BUSINESSMAN, RESIDING AT MONRY POSE, THANA, KANNUR, KANNUR DISTRICT, KERALA. 7. P.K.HARRIS, S/O. LATE.A.K.KADARKUTTY, AGED 66 YEARS, BUSINESSMAN, RESIDING AT PALLIKUNNU BUNGALOW, THALASERY, KANNUR DISTRICT, KERALA. 8. P.K.HASHIM, S/O. LATE A.K.KADARKUTTY, AGED 62 YEARS, BUSINESSMAN, RESIDING AT PALLIKUNNU BUNGALOW, THALASSERY, KANNUR DISTRICT, KERALA. 9. P.K.JAMEELA, D/O. LATE A.K.KADARKUTTY, AGED 64 YEARS, NO OCCUPATION, RESIDING AT SITHARA ASHRAM, UILON, KOLLAM DISTRICT, KERALA. 10. P.K.RABIYA, D/O.LATE A.K.KADERKUTTY, AGED 61 YEARS, NO OCCUPATION, RESIDING AT VASLANE, MANGALORE, KARNATAKA STATE. 11. T.T.P.KAYYUMMA, W/O. LAT MAMMU, AGED 72 YEARS, NO OCCUPATION, RESIDING AT 'NOOR MAHAL', P.O.AMBILAD, KUTHUPARAMBA, THALASSERY TALUK, KANNUR DISTRICT, KERALA. 12. T.T.P. MAHAMOOD, S/O. LATE MAMMU, AGED 44 YEARS, BUSINESS, RESIDING AT 'NOOR MAHAL', P.O. AMBILAD, KUTHUPARAMB, THALASSERY TALUK, KANNUR DISTRICT, KERALA. 13. T.T.P.ALI, S/O.LATE MAMMU, AGED 44 YEARS, BUSINESS, RESIDING AT 'NOOR MAHAL' P.O.AMBILAD, KUTHUPARAMBA, THALASSERY TALUK, KANNUR DISTRICT, KERALA. R.P. 1140/2009 3 14. T.T.P.MAYAN, S/O.MAMMU, AGD 42 YEARS BUSINESS, RESIDING AT 'NOOR MAHAL' P.O.AMBILAD, KUTHUPARAMBA, THALASSERY TALUK, KANNUR DISTRICT, KERALA. 15. A.K.MARIYU, W/O. N.R.ABDUL HAMEED, NO OCCUPATION, AGED 57 YEARS, SABIDA MANZIL, P.O.UNNIKULAM, COONER, KOZHIKODE DISTRICT, KERALA. 16. K.M.KUTTY BEE, W/O. P.K.ALI, AGED 73 YEARS, 8/401, NADUVATTOM AMSOM DESOM, RED CROSS ROAD, CALICUT, KOZHIKODE DISTRICT, KERALA. 17. P.K.MAYAN, S/O. P.K.ALI, AGED 52 YEAR, 8/401, NADUVATTOM AMSOM, DESOM, RED CROSS ROAD, CALICUT, KOZHIKODE DISTRICT, KERALA. 18. P.K.NASEM S/O. P.K.ALI, AGED 51 YEARS, 8/401, NADUVATTOM AMSOM DESOM, RED CROSS ROAD, CALICUT, KOZHIKODE DISTRICT, KERALA. 19. P.K.ZAREENA, D/O. P.K.ALI, AGED 50 YEARS, 8/401, NADUVATTOM AMSOM DESOM, REDCROSS ROAD, CALICUT, KOZHIKODE DISTRICT, KERALA 20. P.K.VAHEEDA, D/O. P.K.ALI, AGED 47 YEARS 8/401, NADUVATTOM AMSOM ESOM, RED CROSS ROAD, CALICUT, KOZHIKODE DISTRICT, KERALA. 21. P.K.KOHAMMED, S/O. P.K.ALI, AGED 46 YEARS, 8/401, NADUVATTOM AMSOM DESOM, RED CROSS ROAD, CALICUT, KOZHIKODE DISTRICT, KERALA. 22. P.K.KAMARUNNISA, W/O. P.K.MOIDU AGED 59 YEARS, PALAPRAMBA BUNGALOW, MANANTHERI AMSOM DESOM, NIRMALAGIRI.P.O., KANNUR DISTRICT, KERALA. 23. P.K.FAIZAL, S/O.MOIDU, AGED 39 YEARS PALAPARAMBA BUNGALOW, MANANTHERI AMSOM DESOM, NIRMALAGIRI.P.O., KANNUR DISTRICT, KERALA. 24. P.K.FARZANA, D/O. P.K.MOIDU, AGE 37 YEARS, PALAPARAMBA BUNGALOW, MANANTHERI AMSOM DESOM, NIRMALAGIRI.P.O., KANNUR DISTRICT, KERALA. R.P. 1140/2009 4 25. P.K.FAHAD, S/O. P.K.MOIDU, AGE 22 YEARS, PALAPARAMBA BUNGALOW, MANANTHERI AMSOM DESOM, NIRMALAGIRI.P.O. KANNUR DISTRICT KERALA. 26. P.K.RAZIYA, D/O. AYISUMMA, AGED 65 YEARS NO OCCUPATION, RESIDING AT ASHYANA, CANTONMENT, KANNUR, KERALA. 27. P.K.SALEEM, S/O. AYISUMMA, AGD 64 YEARS BUSINESS, RESIDING AT ASHYANA, CANTONMENT, KANNUR, KERALA. 28. P.K.SHAMEEM, S/O. AYISUMMA, AGED 61 YEARS, RESIDING AT ASHYANA, CANTONMENT, KANNUR, KERALA. 29. P.K.NASEENA, D/O. AYISUMMA, AGED 55, NO OCCUPATION, RESIDING AT ASHYANA, CANTONMENT, KANNUR, KERALA. 30. ZEENATH AFFROSE RAHIM, D/O. T.P.P.ABDULLA, AGED 57 YEARS, RESIDING AT NO.368, LIOYOLS ROAD, CHENNAI-86, TAMILNADU. 31. P.K.MOHAMMAD ABDULLA S/O. T.P.P.ABDULLA AGED 53 YEARS, RESIDING AT RAHMATH BAGH BEHIND SALES TAX CHECK POST, KANNOTHUMCHAL KANNUR-5, KERALA. 32. P.K.NASEER ABDULLA S/O. T.P.P.ABDULLA, AGED 48 YEARS, RESIDING AT NO.368, LIOYOLS ROAD, CHENNAI-86, TAMILNADU. 33. A.K.AMINA UMMA, W/O. P.K.MAYAN, AGED 68 YEARS, KOYAPATHODY BUNGALOW, CHEVAYOOR, KOZHIKODE-673008, KERALA. 34. P.K.KADAR KUTTY, S/O. P.K.MAYAN, AGED 47 YEARS, KOYAPATHODY BUNGALOW, CHEVAYOOR, KOZHIKODE-673008. KERALA. 35. P.K.AHAMMED KUTTY, S/O. P.K.MAYAN, AGED 45 YEARS, KOYAPATHODY BUNGALOW, CHEVAYOOR, KOZHIKODE-673008. KERALA. R.P. 1140/2009 5 36. P.K.KADEEJA, D/O. P.K.MAYAN, AGED 43 YEARS, KOYPATHODY BUNGALOW, CHEVAYOOR, KOZHIKODE-673008, KERALA. 37. P.K.AYSHA, D/O. P.K.MAYAN, AGED 41 YEARS, KOYAPATHODY BUNGALOW, CHEVAYOOR, KOZHIKODE-673008, KERALA. 38. P.K.MOHAMMAED ALI, S/O. LATE ABDUL SHUKUR, AGED 62 YEARS, BUSINESS, RESIDING AT 'MOUNT PLEASANT' HOLLOWAY ROAD, NEAR DISTRICT COURT, THALASSERY KANNUR DISTRICT, KERALA. 39. P.K.KUNHAMINA, D/O. LATE ABDUL SHUKUR, AGE 60 YEARS, NO OCCUPATION RESIDING AT 'MOUNT PLEASANT' HOLLOWAY ROAD, NEAR DISTRICT COURT, THALASSERY, KANNUR DISTRICT, KERALA. 40. P.K.KHALID, S/O. LATE ABDUL SHUKUR AGED 58 YEARS, BUSINESS, RESIDING AT 'HILL TOP' MORAKUNNU, THALASSERY, KANNUR DISTRICT, KERALA. 41. P.K.NIZAR, S/O. LATE ABDUL SHUKUR, AGED 56 YEARS, EMPLOYED ABROAD, RESIDING AT 'MOUNT PLEASANT' HOLLOWAY ROAD, NEAR DISTRICT COURT, THALASSERY KANNUR DISTRICT, KERALA. 42. P.K.MAYAN, S/O. LATE ABDUL SHUKUR, AGED 54 YEARS, BUSINESS, RESIDING AT 'MOUNT PLEASANT' HOLLOWAY ROAD, NEAR DISTRICT COURT, THALASSERY, KANNUR DISTRICT, KERALA. 43. P.K.LATHEEF, S/O. LATE ABDUL SHUKUR, AGED 52 YEARS, EMPLOYED ABROAD, RESIDING AT 'MOUNT PLEASANT', HOLLOWAY ROAD, NEAR DISTRICT COURT, THALASSERY, KANNUR DISTRICT KERALA. 44. P.K.NAZIA, D/O. LATE ABDUL SHUKUR, AGED 50 YEARS, NO OCCUPATION, RESIDING AT 'MOUNT PLEASANT' HOLLOWAY ROAD, NEAR DISTRICT COURT, THALASSERY, KANNUR DISTRICT, KERALA. ADV. SRI. K.V. PAVITHRAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN Ag. C.J. & P. BHAVADASAN, J. = = = = = = = = = = = = = = R.P. NO. 1140/2009 IN F.A.O. 335/2007 = = = = = = = = = = = = = DATED THIS, THE 24TH DAY OF FEBRUARY, 2010. O R D E R Bhavadasan, J. This is a petition is filed under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure to review the judgment dated 8th July, 2009 in F.A.O. 335 of 2007. The ground urged is that at the time of disposal of FAO 335/2007, the counsel could not bring to the notice of this Court two Interlocutory Applications filed by the petitioners which had been dismissed by the court below and thus, without taking notice of that fact, the appeal was disposed of. It is pointed out that in view of the observation made by this Court, the dismissal of the application by the court blow is prejudiced. The ground urged is that the order was not brought to the notice of this Court and that has affected their rights. The reason given is not at all a ground for review. even otherwise there is no merit in the review petition. Petitioners are totally strangers. Equitable remedy has been already granted. However it is made clear that petitioners will be free to take such steps as are available to them under law and to seek appropriate remedies against Annexure-III order. With the above observation, the review petition is dismissed. P.R. RAMAN, Ag. CHIEF JUSTICE knc/- P. BHAVADASAN, JUDGE.