IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 RP.No. 1173 of 2008(Y) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.14691/2008 DATED 08/07/2008 E.A. NO.57/2007 IN EP.73/2007 OF MUNSIFF COURT, MAVELIKKARA .................... REVIEW PETITIONER/1ST RESPONDENT: ---------------------------------------------------------- K.G. RAJENDRAN @ GOVINDAN RAJAN, KOCHUNADAPALLIL HOUSE, PALLARIMANGALAM, THEKKEKARA VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS/ PETITIONER AND RESPONDENTS 2 AND 3:- -------------------------------------------------------------------------------------- 1. SUBHADRA, KALLEKKAL HOUSE, PALLARIMANGALAM, THEKKEKARA VILLAGE, MAVELIKARA TALUK. 2. GOVINDAN VIJAYAN, KALLEKKAL HOUSE, PALLARIMANGALAM, THEKKEKARA VILLAGE, MAVELIKARA TALUK. 3. K.G. SISUPALAN, GOVINDAN SISUPALAN, G.K. BHAVANAM, KURITHIKAD MURI, THEKKEKARA VILLAGE, MAVELIKARA. BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M. SASIDHARAN NAMBIAR, J. ------------------------------------------ R.P. NO. 1173 OF 2008 in W.P.(C) NO.14691 OF 2008 ------------------------------------------ Dated this the 6th day of November, 2008 O R D E R This petition is filed to review the judgment dated 8.7.2008. Case of the petitioner, first respondent in the writ petition is that writ petitioner had earlier filed I.A. 77 of 1995 in O.S.362 of 1998 in the same suit and that fact was suppressed by the petitioner when the writ petition was filed and if Annexure-II order passed by learned Munsiff dismissing the said application was brought to the notice of this Court, this Court would not have directed the executing Court to consider the petition. 2. On hearing the learned counsel I do not find any apparent error and other sufficient reason to review the judgment dated 8.7.2008. As per the judgment this Court only directed the Munsiff to dispose E.A.57 of 2008, an application filed by the writ petitioner, expeditiously after granting opportunity to the parties. If in view of the dismissal of I.A.77 of RP 1173/08 in WP(C)14691/08 2 1995, E.A. 57 of 2008 is not maintainable, Learned Munsiff is perfectly at liberty to dismiss the application. Petitioner is entitled to raise the said plea before the learned Munsiff. Review petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/-