IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 RP.No. 760 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN FAO.188/2010 DATED 23/07/2010 .................... REVIEW PETITIONER/APPELLANT -------------------------------------------------- JEEVAN RAJ, S/O.AYYAPPAN, AGED 43 YEARS, CHULLIPPARAMBIL HOUSE, PALACHUVADU, KAKKANADU, C.E.P.S.P.O., KAKKANADU, ERNAKULAM DISTRICT. BY ADV. SRI.E.G.GORDEN, SRI.S.K.KRISHNAKUMAR, SRI.N.SAJAN ANTONY, SRI.S.K.PREMJITH MENON. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. SREEDEVI KRISHNAKUMAR, AGED 34 YEARS, W/O.KRISHNAKUMAR, RESIDING AT KARTHIKA, KAITHARAM KARA, KOTTUVALLY VILLAGE, PARAVOOR TALUK. 2. P.LATHADEVI, AGED 47 YEARS, W/O.MADAN MOHAN, RESIDING AT SREE NIVAS, VENNALA KARA, EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK. BY ADV. MR.A. BALAGOPAL. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.P.760/2010 in F.A.O.188/2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of October, 2010. Order Thottathil B.Radhakrishnan, J. The review petitioner had filed an appeal against an order by which the court below had refused to set aside an ex parte decree in a suit for specific performance of a contract for sale and also on an application to condone delay in filing such application. The review petitioner is the second defendant. He is the assignee. He claims that the judgment sought to be reviewed would not have been passed, if the contract for sale was appropriately construed by this Court. The judgment was not based on the basis of the construction of any document but by deciding on the issue relatable to the extent of the right to sue and defend as regards a person who is a RP760/10 IN FAO188/10 -: 2 :- transferee after an agreement for sale. At any rate, we are satisfied that there is no error apparent on the face of the record of the judgment sought to be reviewed. The review petition fails. The same is accordingly dismissed. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/1510