IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 CRP.No. 571 of 2005 AGAINST THE ORDER IN IA.NO.2205/2004 IN AS.188/2002 of I ADDL. DISTRICT COURT, PALAKKAD O.S.NO.446/2000 ON THE FILE OF THE MUNSIFF'S COURT, PALAKKAD. REVN. PETITIONER: PETITIONER: ------------------ MOHANA KRISHNAN, S/O. SANKARANARAYANAN, ROSHANI VILLA, PIRAYIRI, PALAKKAD. BY ADV. SRI.H.BADARUDDIN RESPONDENT: RESPONDENT: ------------- KARTHIYAYANI AMMA, W/O. SETHUMADHAVAN NAIR, 4/48 PALLIPOTTA, PIRAYIRI, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 571 OF 2005 -------------------------------------------- Dated this the 4th April, 2008 O R D E R The petitioner filed O.S.No.446 of 2000, on the file of the Court of the Munsiff of Palakkad, against the respondent claiming compensation. The trial court dismissed the suit. The petitioner filed A.S.No.188 of 2002, on the file of the Court of the District Judge, Palakkad, challenging the judgment and decree of the trial court. The Appellate Court dismissed the Appeal on 14.10.2004. 2. The petitioner filed I.A.No.2205 of 2004 in A.S.No.188 of 2002 under Order XLVII Rule 1 of the Code of Civil Procedure. The court below by the order impugned dismissed the application holding that there is no error apparent on the face of the record warranting interference by entertaining a review petition. 3. The petitioner is entitled to challenge the judgment in A.S.No.188 of 2002 in a second appeal. The court below having held that there is no reason for entertaining the Review Petition, I do not think that the said view is liable to be interfered with in Revision. Leaving open the right of the petitioner to file a Second Appeal against the judgment and decree of the Appellate Court, the Civil Revision Petition is dismissed. No order as to costs. (K.T.SANKARAN) Judge ahz/