IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 RP.No. 1074 of 2009() --------------------- AGAINST THE JUDGEMENT IN FAO.84/2009 Dated 26/06/2009 CMA.24/2007 of D.C.& SESSIONS COURT,THODUPUZHA I.A.. 509/06 IN FDA.1123/96 IN OS.41/1993 OF SUB COURT, KATTAPPANA. .................... REVIEW PTIRS/ADDL.APPL.2TO6/L.RSOF PETITIONER/L.RS OF R3 -------------------------------------------------------------------------------------------- 1. KRISHNAVENI,W/O.LATE GOPI RAO, PAZHAKACHERY HOUSE,THEKKADY P.O.,KUMILY VILLAGE, UDUMPANCHOLA TALUK,IDUKKI DISTRICT. 2. MANIKANDAN,S/O.LATE GOPI RAO (GOVINDA RAO),AGED 26 YEARS,PAZHAKACHERY HOUSE, THEKKADY P.O.,KUMILY VILLAGE,UDUMPANCHOLA TALUK, IDUKKI DISTRICT. 3. SMT.SINDHU,D/O.LATE GOPI RAO (GOVINDA RAO) AND W/O.T.KESAVA RAO,AGED 32 YEARS, 165-"SRISAI" NAGAR,SAMATHUVAPURAM,CHETTIPALAYAM, COIMBATORE,TAMIL NADU. 4. SMT.INDU,D/O.LATE GOPI RAO (GOVINDA RAO) AND W/O.J.SURESH MOHAN,AGED 30 YEARS 3/167,V.K.V.NAGAR,N.G.G.O.COLONY,COIMBATORE-641022 5. SMT.REKHA,D/O.LATE GOPI RAO (GOVINDA RAO) AND W/O.J.NAGENDRAN,AGED 28 YEARS, 4/452 A,"OM SHAKTHI ILLAM" ARUNA NAGAR, K.VADA MADURAI,COIMBATORE-641 017. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENT(S): RESPONDENT --------------------------------------------- 1. T.RADHA BAI,W/O.LATE THUKKU RAM, ANARKKALY HOUSE,THEKKADY P.O., THEKKADY KARA,KUMILY VILLAGE. 2. N.HARISANKAR RAO,S/O.LATE NAMU 73 C, RESIDING AT VELLAR STREET,ARAPALAYAM P.O., MADURAI,(DIED,LEGAL HEIRS 16 TO 19) 3. N.NARAYANA RAO,S/O.NAMU, PAZHAYAKKACHERRY HOUSE,THEKKADY P.O., KUMILY VILLAGE.(DIED-L.R'S IMPLEADED 20-23) 4. N.KRISHNA RAO,S/O.LATE NAMU, -DO- -DO- (DIED-L.R'S IMPLEADED 24 AND 25) 5. N.RUGMINI BAI,W/O.KRISHNA RAO,63, RESIDING AT SURYA COMPOUND,VELLAR STREET, ARAPALAYAM,KADURA (DIED LAGAL HEIRS 8 TO 12) 6. K.RAJAMMA BHAI,W/O.BALANADHA RAO, KATTIYALA NADAR COMPOUND,OPPOSITE R.C CHURCH, PAZHAYANTHAM P.O.,MADHURA. 7. T.PRASAD RAO,S/O.THUKKURAM RAO, DEFENCE SERVICE,ANARKKALI HOUSE, THEKKADY KARA,KUMILY VILLAGE. 8. K.MURALY,S/O.K.RUGMINI BHAI-63, SURYA KANNU COMPOUND,VELLAR STREET, ARAPALAYAM P.O.,MADURAI. 9. K.AMARNADH, -DO- -DO- (DIED-LEGAL HEIRS 13 TO 15) 10. K.JANARDHANAN, -DO- -DO- 11. K.RAJESH, -DO- -DO- 12. HEMALATHA, -DO- -DO- 13. CHANDRA,W/O.LATE AMARNATHU, -DO- -DO- 14. MASTER SATHEESH,S/O.AMARNATHU, -DO- -DO- (MINOR,REPRESENTED BY HIS MOTHER & GUARDIAN CHANDRA,W/O.AMARNATH) 15. MASTER VINOD,S/O.LATE AMARNATHU, -DO- -DO- (MINOR,REPRESENTED BY HIS MOTHER & GUARDIAN CHANDRA,W/O.AMARNATH) 16. JEEVA BHAI,W/O.LATE N.HARISANKAR RAO, 85 PILLAIYAR STREET,AMARAPALAYAM,MADURAI-10. 17. RAMESH,S/O.LATE HARISANKARA RAO, -DO- -DO- 18. SURESH,S/O.LATE HARISANKARA RAO, 85 PILLAIYAR STREET,AMARAPALAYAM,MADURAI-10. 19. ASOK,S/O.LATE HARISANKARA RAO, -DO- -DO- 20. GIRIJA BAI,W/O.LATE NARAYANA RAO, -DO- -DO- 21. SMT.BINDU,D/O.LATE NARAYANA RAO AND W/O.PRADEEP, -DO- -DO- 22. GEETHA,D/O.LATE NARAYANA RAO AND W/O.MOHAN, -DO- -DO- 23. VAITHEESH RAO,S/O.LATE NARAYANA RAO, PAZHAKACHERY HOUSE,THEKKADY P.O., KUMILY VILLAGE,UDUMPANCHOLA TALUK,IDUKKI. 24. SMT.KASTHURI,D/O.LATE KRISHNA RAO AND W/O.APPA RAO,PAZHAKACHERY HOUSE, THEKKADY P.O.,KUMILY VILLAGE. 25. SMT.RANI,D/O.LATE KRISHNA RAO AND W/O.MOHAN,PAZHAKACHERY HOUSE, THEKKADY P.O.,KUMILY VILLAGE. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON 24/11/2009 PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.P. No. 1074 of 2009 in F.A.O.84 of 2009. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2009. ORDER Bhavadasan, J, In a suit for partition, a preliminary decree was passed. Plaintiff thereafter filed a petition for passing of the final decree. Final decree was passed. Defendant No.3 wanted to have the above final decree set aside on the ground that he had no knowledge of the final decree proceedings. The trial court finding that no grounds were made out to set aside the ex-parte decree, dismissed the petition. The matter was brought up in appeal as F.A.O. 84 of 2009. 2. Appellant was the third defendant in the suit. The suit was preferred by one of the sisters of the appellant. A.S. 545 of 1996 preferred by the appellant against the preliminary decree was dismissed. It was thereafter that the plaintiff had filed a petition for passing of the final decree. R.P.1074/2009. 2 3. In order to ascertain whether the appellant had any real grievance in the matter, this court went through the entire records relating to the passing of the final decree. On an appreciation of the materials made available before this court, it was found that the grievance voiced before this court was imaginary and it was found that the contention of the respondents that the attempt of the appellant is to drag on the passing of the final decree was justified. Accordingly FAO was dismissed. 4. In this review petition, the petitioners, who are the legal representatives of the appellant, have pointed out that the appellant had omitted to urge several grounds which were available to him at the time of hearing of FAO. 5. We find that in the review petition the petitioners have not made out any ground to review the judgment under Order 47 Rule 1 of the Code of Civil Procedure. So also it was after considering the entire records made available to this court that we had come to the conclusion that the appellant had no real R.P.1074/2009. 3 grievance in the matter. The attempt now is to re-agitate the whole issue afresh. That cannot be permitted in a review petition. This review petition is without merit and it is accordingly dismissed. P.R. Raman, Judge P. Bhavadasan, Judge sb.