IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 RP.No. 835 of 2010 -------------------------- [THE JUDGEMENT IN R.S.A.NO.42/2010 DATED 09/07/2010, A.S.NO.128/2002 OF ADDITIONAL DISTRICT COURT, THALASSERY, O.S. NO.185/1995 OF SUB COURT, PAYYANNUR] .................... REVIEW PETITIONER/APPELLANT: -------------------------------------------------- CHELLAN PUTHIYA PURAYIL MOIDEEN, S/O.MUHAMMED KUNHI,RESIDING AT CHERUTHAZHAM, AMSOM,DESOM PO, MANDUR. BY ADVS. SRI.K.C.SANTHOSHKUMAR, SMT.K.K.CHANDRALEKHA, SRI.GOPAKUMAR G. (ALUVA). RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. MAYILANCHIKKAL MUHAMMED KUNHI HAJI, S/O.ABDULLA HAJI,RESIDING MADAYIL AMSOM, PUTHIAYANGADI DESOM,KANNUR TALUK, PIN – 670 001. 2. CHELLAN PUITHIYA ABDUL REHMAN HAJI, S/O.SULAIMAN,RESIDING AT MATTOOL AMSOM DESOM , P.O., MATTOOR, KANNUR TALUK, PIN: 670 001. 3. CHELLAN PUTHIYA PURAYIL ABDUL KAREEM, RESIDING AT CHERUTHAZHAM AMSOM DESOM P.O., MANDUR, PIN – 670 001. 4. CHELLAN PUTHIYA PURAYIL MARIYAN HAJUMMA, D/O.AYISUMMA,RESIDING AT MATTOOL AMSOM DESOM P.O,MANDUR, KANNUR TALUK, PIN – 670 001. 5. KOTTILE VALAPPIL SIDDIQUE, S/O.AYISUMMA, RESIDING AT EZHOME AMSOM DESOM P.O., EZHOME,KANNUR TALUK, PIN : 670 001. BY ADV. SRI. SUNIL NAIR PALAKKAT. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01/10/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.BHAVADASAN, J. ---------------------------------------------------------- RP No.835 of 2010 in RSA No.42 of 2010 ---------------------------------------------------------- Dated 1st October 2010 Order In this Review Petition, the petitioner seeks to have the Judgment dated 09.07.2010 reviewed. It is pointed out that this Court has determined the extent of property only of one of the parties and has not determined the shares available to others. According to him, this has caused prejudice to the other sharers, who are entitled to their shares. 2. This Court, while disposing of the RSA, was guided by the affidavit filed by the second respondent before this Court, which was accepted by the plaintiff in the suit. It was on the basis of the said affidavit that the share of the plaintiff was determined as 60.845 cents of land. The prayer of the petitioner in this RP is that keeping the share allotted to the plaintiff as 60.845 cents, they may be permitted to move the appropriate court for passing a supplementary preliminary decree. RP No.835/10 2 3. It is true that as far as RSA No.42/10 is concerned, this Court has determined only the share to be allotted to the plaintiff. It will be open to the review petitioner to move the appropriate court for passing the supplementary preliminary decree. With liberty to do so, this RP is closed. P.BHAVADASAN, JUDGE sta RP No.835/10 3