IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 RP.No. 1072 of 2007() --------------------- AGAINST THE JUDGEMENT IN MA.117/2006 OP.712/2001 of FAMILY COURT,ERNAKULAM .................... PETITIONER/APPELLANT --------------------- SUMI, D/O ISSAC, KARAMOLEL HOUSE, VALAMPOOR KARA, PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.V.K.VEERAVUNNY RESPONDENTS: RESPONDENTS ------------------------ 1. BABU, S/O KURIAKOSE, KAIPPANALIL HOUSE, KARIOTTU KARA, PANNIYANKARA P.O., KANNAMBRA VILLAGE. 2. KURIAKOSE, -DO- -DO-. 3. ANNAMMA, W/O KURIAKOSE, -DO- -DO-. BY ADV. SRI.ISSAC NINAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 28/08/2008 THE COURT ON 03/09/2008 PASSED THE FOLLOWING: Kurian Joseph & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - R.P. No.1072/2007 in Mat. Appeal No.117/06 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September, 2008. O R D E R Ramachandran Nair, J. In this review petition, the petitioner/appellant seeks a review of the operative portion of the judgment. As per the judgment, the appeal has been allowed in part and the appellant has been held to be entitled to recover 30 sovereigns of gold ornaments scheduled in the original petition or in the alternative, its value to the tune of Rs.1,20,000/- from the respondents. Future interest has also been granted at 6% from the date of filing of the original petition, till realisation.. 2. The contention now raised, in support of the review petition is that the present value of gold ornaments is on a higher side and the same should have been considered while granting the relief. 3. We have heard learned counsel for the parties. We notice that in the original petition, the main relief sought for was for recovery of a sum of Rs.1,50,000/- and interest thereon and also for recovery of 30 sovereigns of gold scheduled in the petition or in the alternative, its value to the tune of Rs.1,20,000/- with 18% interest thereon. We have allowed the appeal and RP 1072/2007 -2- granted the relief in part in tune with the prayer in the original petition as noted above. The appellant has not chosen to amend the relief portion at any time. Hence, we cannot concede the prayer now raised in the review petition by allowing the appellant to realise the value of the gold at the present rate. Learned counsel for the review petitioner also wanted us to modify the rate of future interest from 6% as now granted on the premise that the review petitioner had claimed 18% interest. We are afraid, the said request also cannot be considered for the obvious reason that it is not a commercial transaction. We find no reason to modify the same as we find no apparent error in that respect also. For all these reasons, the review petition is dismissed. No costs. ( Kurian Joseph, Judge.) (T.R. Ramachandran Nair, Judge.) kav/