The Kerala High Court dismissed a review petition filed by Jimmy Elias challenging a previous appeal judgment. The court held that mere incorrect observations are not grounds for review and the aggrieved party must exhaust normal remedies. No error found on face of record.
No costs.
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.SOMARAJAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
RP NO. 416 OF 2022
AGAINST THE JUDGMENT DATED 05.04.2022 IN FAO 41/2022 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/RESPONDENT No.1:
JIMMY ELIAS, AGED 64 YEARS, S/o C.N. ELIAS, PATTASSERIL (H), OPP BOYS HIGH SCHOOL, TRIPUNITHURA, NADAMA DESOM, NADAMA VILLAGE, KANAYANOOR TALUK, ERNAKULAM, PIN - 682301
BY ADV E.M.MURUGAN
RESPONDENTS/PETITIONER AND 2nd RESPONDENT:
1 SATYAM AUDIOS, XL/1260 B, DROWPATHI, TD ROAD, KOCHI 682011, REPRESENTED BY ITS PROPRIETOR MR A G PREMACHANDRAN
2 GOOGLE LLC, 1600 AMPHETHEATRE PARKWAY, MOUNTAIN VIEW, 94043, USA, HAVING ITS BRANCH OFFICE AT GOOGLE INDIA PVT LTD, 4TH FLOOR, NO.3 RMZ INFINITY TOWER E,
SWAMI VIVEKANANDA ROAD, SADASHIVANAGAR, BENNIGANA HALLI, BANGALORE, KARNATAKA
BY ADVS. K.M.GEORGE
CHITHRA P.GEORGE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.416 of 2022
ORDER
The review petition was filed without showing an apparent error on the face of record or any other ground akin to that. It is submitted that the observation made by this court while disposing the appeal is incorrect. It may be a ground for exhausting the normal remedy available to the party and may not be a ground for maintaining a review. Hence the review is dismissed. No costs.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
RP No.416 of 2022
APPENDIX OF RP 416/2022
PETITIONER'S ANNEXURES
Annexure A1 CERTIFIED COPY OF JUDGMENT IN FAO 41/2022
RESPONDENTS' ANNEXURE NIL
// TRUE COPY //
P.A. TO JUDGE
1 issue framed by the court
Whether an incorrect observation in the judgment disposing the previous appeal constitutes a ground to maintain a review petition.
JIMMY ELIAS
SATYAM AUDIOS
GOOGLE LLC
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
