IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 RP.No. 945 of 2009(L) --------------------- AGAINST THE JUDGEMENT IN WPC.9150/2008 Dated 12/06/2009 .................... REVIEW PETITIONER(S): PETITIONER -------------------------------- KADEEJABI,W/O.ABU, AGED 60,MATHILAKATH HOUSE,II/34O, WARD NO.7 (NEW),MUTHUVATTOOR VILLAGE, CHAVAKKADU. BY ADV. SRI.VIVEK VARGHESE P.J. SRI.VINOD JOSEPH P.J RESPONDENT(S): RESPONDENTS -------------------------- 1. ABOOBACKER,W/O.ABU, AGED 60,THERUVATHU HOUSE,WARD NO.7 (NEW), MUTHUVATTOOR VILLAGE,CHAVAKKADU. 2. PATHUMOL,W/O.ABOOBACKER, AGED 56,THERUVATHU HOUSE,WARD NO.7 (NEW), MUTHUVATTOOR VILLAGE,CHAVAKKADU. 3. SHAMIR,S/O.ABOOBACKER, AGED 27,THERUVATHU HOUSE,WARD NO.7 (NEW), MUTHUVATTOOR VILLAGE,CHAVAKKADU. 4. CHAVAKKADU MUNICIPALITY, CHAVAKKADU,THRISSUR. 5. C.I.OF POLICE,CHAVAKKADU. BY ADVS. SRI. S. SUJIN SRI. N.K. SAMUEL GOVT. PLEADER SRI. K.C. SANTHOSHKUMAR. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= R.P. No. 945 of 2009 in W. P (C) No. 9150 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th October, 2009. O R D E R This review petition is filed by the petitioner in the writ petition seeking review of my judgment dated 12-6-2009. That judgment was rendered on the basis of a submission made by the counsel for the petitioner to the effect that a suit between the parties in respect of the property in question filed by the contesting respondents has been decreed holding that there is no pathway as claimed by the petitioner. The review petition is now filed on the ground that, that submission was wrong and the suit is still pending. On the other hand, the application for injunction filed by the petitioner has been rejected. Counsel for respondents 1 to 3 admits that the said suit is still pending and has not been decreed yet. That being so, I am satisfied that the submission made by counsel for the petitioner was wrong. Since my judgment is solely based on that submission, I allow the review petition and recall my judgment dated 12-6-2009. Post the writ petition before the appropriate Court. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.