IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 RP.No. 847 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN MA.54/2007 .................... REVIEW PETITIONER(S): APPELLANT ------------------------------- K.K. KUTTAPPAN, AGED 63, RTD. ASSISTANT COMMISSIONER OF POLICE, AISWARYA, HOUSE NO. 24/614, LITTLE NAGAR, CHAIKAMTHARA, PALAKKAD. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): RESPONDENTS -------------------------- 1. R. SURAKSHITHAKUMARI, D/O. KAMALAMMA, NALLUVILA, PADIPPURA PUTHEN VEEDU, VELLAR, KOVALAM.P.O, THIRUVANANTHAPURAM. 2. N.D. MADHUKUMAR, S/O. KOCHUKANNAN, ROOM NO.5, HOTEL DWARAKA, HAWA BEACH, KOVALAM.P.O, THIRUVANANTHAPURAM. ADV. SMT.K.KUSUMAM FOR R1 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, HARUN-UL-RASHID, JJ. -------------------------------------------- R.P. NO. 847 OF 2008 IN Mat. Appeal NO. 54 OF 2007 -------------------------------------------- Dated this the 24th day of February, 2010 O R D E R Ramachandran Nair, J. Heard counsel appearing for the review petitioner and counsel appearing for the respondents. We do not find any error in the judgment warranting interference in review proceedings because all the contentions raised by the review petitioner were considered in the appeal. Further the decree passed in 2000 was jointly against the review petitioner and against his brother. When the property was notified for sale review petitioner has deposited the amount and this Court permitted conditional withdrawal of amount on furnishing Bank Guarantee. The balance is only the dispute between the review petitioner and his brother against whom decree is passed. We do not think that first respondent should be involved in the settlement of dispute between the petitioner and his brother. Leaving the petitioner 2 to proceed against his brother, we dismiss the Review Petition. (C.N. RAMACHANDRAN NAIR) Judge (HARUN-UL-RASHID) Judge kk 3