IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 RP.No. 817 of 2007(F) ----------------------------------- AGAINST THE JUDGEMENT IN SA.126/1994 .................... REVIEW PETITIONERS/ADDL.APPELLANTS 3 AND 4: 1. P.THANKAM , W/O LATE GANAPATHY DHARMARAJAN, RESIDING AT THANKAM NIVAS, NARAYANAPURAM THERUVU, AMARAVILA NADUVATHOORKOLLA DESOM, KOLLAYIL VILLAGE, TRIVANDURM. 2. T.MUTHULAKSHMY, W/O V.MADHAVAN PILLAI, LAKSHMI NIVAS, DOUBLE STREET, NEAR AMMAN COIL, BALARAMAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.R.VENKETESH SRIR.AZAD BABU RESPONDENTS/RESPONDENTS 1 TO 3 AND 5 TO 30: 1. RAJAMMA LAKSHMI AMMAL, NARAYANAPURAM THERUVU, AMARAVILA NADUVOORKOLLA DESOM, KOLLAYIL VILLAGE. 2. RAJAMMA SUNDARI, -DO- -DO- 3. RAJAMMA SARASWATHY, -DO- -DO- 4. VALLIYAMMAL RAJALAKSHMI, -DO- -DO- 5. VALLIYAMMAL RAJAM, -DO- -DO- 6. VALLIYAMMAL KAMALAM, -DO- -DO- 7. VALLIYAMMAL RETHNAM, -DO- -DO- 8. VALLIYAMMAL REGUMINI, -DO- -DO- 9. RAMALINGAM PATTAR NAGARAJAN, -DO- -DO- 10. VALLIYAMMAL KASTHURI, -DO- -DO- 11. VALLIYAMMAL BHAGAVATHI AMMA ALIAS GOMATHY AMMA, VADASSERIYIL, VELLALARKEEZHE THERUVU, NAGERCOIL, K.K.DISTRICT. 12. VALLIYAMMAL LEKSHMI, HOUSE NO.21A/12, DO. DO. 13. PARVATHI AMMAL BHAGAVATHI AMMA, PULIYAVILA THERUVU, -DO- -DO- 14. PARVATHY AMMAL PADMAVATHI, -DO- -DO-. 15. INTHIRAM, THALIYAPURAM STREET, -DO-. 16. DHARMARAJAN GANESAN, NARAYANAPURAM THERUVU, DO. DO. 17. GANESAN SUBRAMANIAN, NARAYANAPURAM THERUVU, AMARAVILA, NADUVOORKOLLA DESOM, KOLLAYIL VILLAGE. 18. LAKSHMI RAJAM, PULIYAVILA THERUVU, NAGERCOIL, K.K.DISTRICT. 19. LAKSHMI BHAGAVATHI AMMA, DO. DO. 20. A.SAROJAM, THALIYAPURAM STREET, VADASSERY, NAGERCOIL. 21. D.JAYARAM, LME, PAPER PACKING PRIVATE LTD., P.B.NO.124, SHEMOGA, KARNATAKA DISTRICT. 22. D.NEELAM MOHAN, 12A JAMHAR PUTHEN STREET, VADASSERY, NAGERCOIL. 23. D.SUBRAMONIAM, C/O KALPANA WEDDINGS AND SAM HOUSE, MAIN ROAD, THIRUVALLA. 24. D.NAGARAJAN, AGRICULTURAL OFFICER, 17th CROSS STREET, B65, RANI STORES, MAHARAJA NAGAR, THIRUNELVELI. 25. D.THANARAJAN, 299B PUTHOA, SALEM. 26. MARTHA RAJAN, THALIYAPURAM STREET, VADASSERY, NAGERCOIL. 27. D. RAJARAM, DO. DO. 28. D.RAJAM, DO. DO. 29. D.INDIRA, DO. DO. BY ADV. SRI.RAM MOHAN.G. FOR R9 SRI.G.P.SHINOD FOR R9 SRI.MANU V. FOR R9 SRI.V.SURESH FOR R16 SRI.G.SUDHEER FOR R16 SRI.G.UNNIKRISHNAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- C.M.Appl.No.511 of 2007 & R.P.No. 817 of 2007 in S.A.No.126 of 2004 --------------------------- ORDER This is an application for condonation of delay of 130 days in filing the review petition. The judgment sought to be reviewed was one pronounced in open court. If at all there was anything wrong, that mistake should have been pointed out and urged by the counsel then and there. In the instant case, the reason stated in the affidavit filed by the first petitioner in support of the review petition is that after receipt of copy of the judgment, he was advised by his Advocate at Neyyattinkara that it is better to challenge the matter by filing an S.L.P. before the Honourable Supreme Court and he was informed that the Advocate himself will make necessary arrangements; that the papers were entrusted and he has forwarded the same to some Advocate at Delhi and that he is not aware RP 817/07 2 as to whether it was actually forwarded except from the hearsay knowledge from the Advocate at Neyyattinkara. He further alleges that it appears that after going through the judgment and decree he was advised to file a review petition before this Court and that his grievances may be urged before this Court itself. Even regarding that aspect, the Deponent has got only a hearsay knowledge. On making such allegations on hearsay, the delay of as much as 130 days in filing the review petition cannot be condoned. In the result, this application is dismissed. Consequently, the review petition also stands dismissed. 26th May, 2008 (K.P.Balachandran, Judge) tkv