IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 RP.No. 1143 of 2009(O) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10667/2009 Dated 20/10/2009 .................... REVIEW PETITIONER/PETITIONER: -------------------------------- BABU.K.THOMAS, KARINGOZHAKAL HOUSE, KOOMPARA P.O., KOZHIKODE DISTRICT, PRESENTLY, ADVOCATE, C.C.44/56, S.R.M.ROAD, COCHIN-18. BY ADV. MR.DINESH R.SHENOY MR.MAHESH MENON RESPONDENTS/RESPONDENTS: --------------------------------- 1. THE STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDING ENGINEER, KALLADA IRRIGATION PROJECT, RIGHT BANK CIRCLE, PULAMON P.O., KOTTARAKKARA. GOVT.PLEADER MR.P.K.RAVIKRISHNAN FOR R1 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- R.P.No.1143 of 2009 in W.P.(C).No.10667 of 2009 - O --------------------------------- Dated this the 26th day of November, 2009 O R D E R Review petition is filed by the petitioner in the above writ petition seeking review of some of the observations made in the judgment dated 20.10.2009 disposing the writ petition. While disposing the writ petition, taking note that the suit instituted in 1988 still continues in the file of the court below some observations were made that the amendment moved by the plaintiff would amount to conversion of the suit instituted as one for settlement of accounts into a suit for money and it indicated of delaying tactic by the plaintiff to prolong the litigation and also the life of the suit. The learned counsel for the petitioner submits that the observation so made by this Court may influence the disposal of the suit on merits by the learned Sub Judge. Though the ground canvassed for review as such is not appealing, I direct the learned Sub Judge to dispose the suit untrammelled by any of the observations made in the judgment in the writ petition, but, R.P.No.1143 of 2009 2 strictly following the time limit fixed by this Court for its disposal. The court below shall also file a compliance report as to the disposal of the suit. Review petition is disposed of as above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-