IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 RP.No. 780 of 2008() --------------------------- AGAINST THE JUDGMENT/ORDER DATED 04/03/2008 IN MFA.649/2003. ...................... REVIEW PETITIONER/APPELLANT:- ---------------------------------------------- KRISHNA PILLAI @ THANKAMONY, KANNOTH, VATTAKAVUNKAL, NEDUMKANDAM, BY ADV. SRI.VPK.PANICKER RESPONDENT/RESPONDENT ------------------------------------------ SUDHAMANY, W/O A.P. MADANAN, MLAKUZHY HOUSE, NEDUMANY P.O. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P. 780 OF 2008 IN M.F.A. NO. 649 OF 2003 = = = = = = = = = = = = = = = Dated this the 29th day of July, 2008. O R D E R This review petition is filed to review the judgment passed by a learned Judge of this Court on 4.3.08. The appeal was preferred by the opposite party in the Workmen's Compensation case and a reading of the judgment would show that “the learned Judge after application of his mind held that the order passed by the Deputy Labour Commissioner is unsustainable in law and it is liable to be set aside and I do so.” But in the next sentence it is written that the appeal is without merit and the same is only to be dismissed and therefore ultimately the appeal was dismissed. But, in order to find out what was the intention of the learned Judge I had perused the judgment meticulously and it is manifestly clear from the judgment that what the learned Judge intended was to set aside the order and to allow the appeal. But by some mistake towards the concluding sentence a decision contra to the intention is R.P. 780 OF 2008 IN M.F.A. NO. 649 OF 2003 -:2:- written. Therefore the R.P. is allowed and the last sentence in paragraph 2 of the judgment is corrected 'As there is basis for the appeal the same is only to be allowed. In paragraph 3 the sentence, “In the result, the appeal is dismissed” is corrected as “In the result, the appeal is allowed.” The intention is further manifestly clear that the learned Judge has observed, 'If the appellant had deposited any amount, he is entitled to withdraw the same'. R.P. is allowed accordingly. The Registry is directed to call for the certified copies of the judgment issued to the parties, if any, correct it and give it to them. M.N. KRISHNAN, JUDGE.