IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 RP.No. 399 of 2008(M) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8316/2008 Dated 12/03/2008 .................... REVIEW PETITIONER: 1ST RESPONDENT ------------------------------------------------- JOY, AGED 51 YEARS, S/O.PAULOSE MALIAKKAL HOUSE, KADALIKKAD KARA MANJALLOOR VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: PETITIONERS 1 & 2 AND RESPONDENTS 2 TO 4 --------------------------------------------------------------------------- 1. POULOSE, AGED 75 YEARS, S/O.JOSEPH MALIAKKAL HOUSE, KADALIKKAD KARA MANJALLOOR VILLAGE, NOW RESIDING NEAR NIRMALA COLLEGE, MUVATTUPUZHA MUVATTUPUZHA KARA, MUVATTUPUZHA TALUK. 2. PENNAMMA, AGED 72 YEARS, W/O.POULOSE MALIAKKAL HOUSE, KADALIKKAD KARA MANJALLOOR VILLAGE, NOW RESIDING NEAR NIRMALA COLLEGE, MUVATTUPUZHA MUVATTUPUZHA KARA, MUVATTUPUZHA TALUK. 3. SUJA, W/O.BENNY, EDATHALA HOUSE KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK. 4. SUJI, W/O.BENOY, IYNICKAL HOUSE KUNDOOR, MALA, NOW RESIDING AT IYNICKAL HOUSE NEAR NIRMALA PUBLIC SCHOOL, MUVATTUPUZHA KARA MUVATTUPUZHA TALUK. 5. LINET, W/O.JOSY, MAPLASSERIL HOUSE CHAMBAKKULAM KARA, KUTTANAD, ALAPPUZHA DISTRICT. BY ADV. SRI. V. RAJENDRAN (PERUMBAVOOR). THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P. NO. 399 OF 2008 IN WPC 8316 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of March, 2008. O R D E R This review petition is preferred to review the judgment dated 12.3.2008. The main grievance is that the review petitioner has not been heard. It is true. But this Court has taken into consideration his interest as well while pronouncing the judgment. This Court only held that the stage has not reached for the comparison of signature of the witnesses for the reason that they have not been examined and that they had not denied their signature. I have also made it clear in the judgment that when it is necessary the Court can consider it. I have set aside the order but I make it clear and direct the Court below to keep I.A.94/08 in O.S.488/07 alive and pass appropriate orders when such a situation arise after hearing all concerned. The R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-