The High Court of Kerala dismissed a review petition filed by the petitioner against a judgment passing a revision petition. The court held that there was no warrant for invoking its jurisdiction to review its own order under Order XLVII Rule 1 CPC.
The review petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933
RP.No. 28 of 2011() ------------------AGAINST THE JUDGEMENT/ORDER IN CRP.685/2006 ....................
REVIEW PETITIONER/RESPONDENT
K.A.STEPHEN, S/O.ANTONY, KUREYATHU VEETTIL, CHALAMATTOM VILLAGE, OKKAL KARA, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT.
BY ADV. SRI.T.K.VENUGOPALAN
RESPONDENT(S): REVISION PETITIONER
TOWN JUMA MASJID, KALADY, REPRESENTED BY ITS SECRETARY, SHAJAHAN, S/O.KASSIM, KALADY, ERNAKULAM DISTRICT.683 574
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PIUS C. KURIAKOSE & K. SURENDRA MOHAN, JJ.
R.P. No. 28 of 2011 in CRP. No. 685 of 2006
Dated this the 1st day of April, 2011
O R D E R
Pius C.Kuriakose, J.
Having considered the grounds raised in this memorandum of review and the submissions addressed before us by Sri.T.K.Venugopalan, we don't find any warrant for invocation of the jurisdiction of this court for reviewing its own orders and judgments which is circumscribed by Order XLVII Rule 1 of the Code of Civil Procedure. The R.P. will stand dismissed.
(PIUS C.KURIAKOSE, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
ksv/-
2 issues framed by the court
Whether the review petition was maintainable to invoke the jurisdiction of the court for reviewing its own order.
Whether there was any warrant for allowing the review petition under Order XLVII Rule 1 CPC.
1 provisions across 1 enactments
K.A.Stephen
Town Juma Masjid, Kalady, represented by its Secretary, Shajahan
Pius C.Kuriakose
K.Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
