A review petition against the High Court of Kerala's order dismissing an appeal was dismissed as being without merit. The judge held the appeal was correctly decided to be per capita and the review was impermissible. The court refused a rehearing.
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 P.BHAVADASAN MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933
RP.No. 342 of 2011()
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AGAINST THE JUDGEMENT IN SA.586/1999 Dated 23/03/2011 ....................
REVIEW PETITIONER/APPELLANT/RESPONDENT IN A.S.395/97, APPELLANT IN AS 411/97
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P.K.RAJAGOPALAN, AGED 72 YEARS, S/O.PANIKETTY KUMARAN, PANIKETTY HOUSE, NATTIKA AMSOM, DESOM, CHAVAKKAD TALUK.
BY ADV. SRI.P.K.RAJAGOPALAN (PARTY IN PERSON)
RESPONDENT/RESPONDENTS/RESPONDENTS
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1. SASIKUMAR, S/O.PANIKETTY SIVASANKARAN, W-11,ARUNODAY USHA NAGAR, VILLAGE ROAD, BHANDUP, BOMBAY-400 078.
2. SAJEET, S/O.PANIKETTY SIVASANKARAN, C/O.P.S.SASIKUMAR, W-11, ARUNODAY USHA NAGAR, VILLAGE ROAD,BHANDUP, BOMBAY-400 078.
3. RAJEEV, S/O.PANIKETTY JANARDHANAN, NATTIKA AMSOM DESOM, CHAVAKKAD TALUK, C/O.P.S.SASIKUMAR, W-11, ARUNODAY USHA NAGAR, VILLAGE ROAD,BHANDUP, BOMBAY-400 078.
4. KUMARAN (DIED), S/O.PANIKETTY GOVINDHAN, NATTIKA AMSOM DESOM, CHAVAKKAD TALUK.
5. SHIVASANKARAN, S/O.PANIKETTY KUMARAN, W-11, ARUNODAY USHA NAGAR, VILLAGE ROAD, BHANDUP, BOMBAY-400 078, NOW RESIDIN AT NATTIKA AMSOM DESOM, CHAVAKKAD TALUK.
6. JANARDHANAN, S/O.PANIKETTY KUMARAN, NATTIKA AMSOM DESOM, CHAVAKKAD TALUK.
RP.No. 342 of 2011()
7. MADHAVI (DIED), W/O.PANIKETTY KUMARAN, NATTIKA AMSOM DESOM, NATTIKA P.O., CHAVAKKAD TALUK.
8. URMILA RAMAKRISHNAN, KARAYIL HOUSE, KAIPAMANGALAM VILLAGE DESOM, KODUNGALLUR TALUK.
9. GOURI VASUDEVAN, W/O.CHEMBIPARAMBIL PULLANI VASUDEVAN, MATHILAKAM VILLAGE.
10. SANTHAKUMARI MADHAVAN (DIED),
11. RAMNI NARAYANADAS, PAZHANGAPARAMBIL HOUSE, KARIATTUKARADESOM, ARANATTUKARA VILLAGE THRISSUR.
12. K.V.MADHAVAN, S/O.VELAYI, KATTUNGAL HOUSE, KATTUR VILLAGE DESOM, P.O.KATUR, MUKUNDAPURAM TALUK.
13. BIJOY, S/O.K.V.MADHAVAN, KATUNGAL HOUSE, KATTUR VILLAGE DESOM, P.O.KATTUR, MUKUNDAPURAM TALUK.
14. BINOY, S/O.K.V.MADHAVAN, KATTUNGAL HOUSE, KATTUR VILLAGE DESOM, P.O.KATTUR, MUKUNDAPURAM TALUK.
15. THARA JANARDHANAN, W/O.LATE JANARDHANAN, PANIKETTY HOUSE, NATTIKA DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. (ADDL.RESPONDENTS NO.15 IS IMPLEADED AS THE LR'S OF R6 AS PER ORDER DATED 2.2.2011 IN I.A.721/2008).
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
P. BHAVADASAN, J.
ORDER
This review petition is directed against the judgment of this court dated 23.3.2011 in S.A. 586 of 1999. This court found that the appeal was without merits and accordingly dismissed the same.
found that it is without any merits whatsoever. This court has specifically dealt with all the aspects in paragraphs 12 and 13 of the judgment. This court found that the division has to be per capita and not per stirps
R.P.342/2011.
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for reasons mentioned in the judgment. The attempt of the petitioner is to have a re-hearing of the second appeal, which is not permissible under Order 47 Rule 1 of the Code of Civil Procedure.
This review petition is without any merit whatsoever and it is accordingly dismissed.
P. BHAVADASAN, JUDGE
sb.
2 issues framed by the court
Whether the review petition questioning the division as per capita instead of per stirps has any merit.
Whether an appeal can be reheard through a review petition.
P.K.Rajagopalan
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
