Gopinathan vs Rajamma
2021 Latest Caselaw 11779 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

          THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

            RP.No.325 OF 2021 IN RSA. 221/2021

AGAINST THE ORDER/JUDGMENT IN RSA 221/2021 OF HIGH COURT
                       OF KERALA


REVIEW PETITIONERS:

     1     GOPINATHAN
           AGED 58 YEARS
           S/O.HARIS, THARISU VEEDU, DHANUVACHAPURAM
           DESOM, KOLLAYIL VILLAGE, DHANAVACHAPURAM
           P.O., THIRUVANANTHAPURAM DISTRICT, KERALA
           STATE, PINCODE - 695 503.

     2     SANTHA
           AGED 49 YEARS
           D/O.SARADA, THARISU VEEDU, DHANUVACHAPURAM
           DESOM, KOLLAYIL VILLAGE, DHANAVACHAPURAM
           P.O., THIRUVANANTHAPURAM DISTRICT, KERALA
           STATE, PINCODE - 695 503.

     3     RAJAN ALIAS UNNI
           AGED 51 YEARS
           S/O.JOSEPH, THEKKEKARA PUTHEN VEEDU,
           VAZHOTTUKONAM, DHANUVACHAPURAM DESOM,
           KOLLAYIL VILLAGE, DHANAVACHAPURAM P.O.,
           THIRUVANANTHAPURAM DISTRICT, KERALA STATE,
           PINCODE - 695 503.

           BY ADVS.
           SRI.S.V.RAJAN
           SRI.SANIL JOSE
           SRI.R.SANTHOSH (VARKALA)
           SHRI.S.HEMANTH SANTHOSH
           SRI.A.N.PREMLAL
 R.P.No.325/2021 in R.S.A.No.221/2021


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RESPONDENTS:

       1      RAJAMMA
              AGED 60 YEARS
              D/O.MARIAMMA, KEEZHPADUPARAMBIL VEEDU,
              KALLIYOOR DESOM, KALLIYOOR VILLAGE,
              KALLIYOOR P.O., THIRUVANANTHAPURAM DISTRICT.

       2      SUSEELA
              AGED 56 YEARS
              D/O.MARIAMMA, THARISHU VEEDU, DHANUVACHAPURAM
              DESOM, KOLLAYIL VILLAGE,
              DHANAVAHCHAPURAM P.O., THIRUVANANTHAPURAM
              DISTRICT, KERALA STATE, PINCODE - 695 503.

      BY ADV. SRI. JOMY GEORGE

      THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON

07-04-2021, THE COURT ON 09-04-2021 PASSED THE FOLLOWING:
 R.P.No.325/2021 in R.S.A.No.221/2021


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                               ORDER

(Dated this the 9th day of April,2021)

The review petitioners are the appellants in

R.S.A.No. 221/2021 on the file of this Court, which was

dismissed by judgment dated 22.3.2021. The appellants have

taken a contention that since the plaintiffs in O.S.No.60/1991

have not challenged the decree in O.S.No.438/1990 passed as

per the common judgment, their first appeal was barred by

the principles of res judicata. It is pertinent to note that

O.S.No.438/1990 was dismissed by the trial court.

2. Although the unsuccessful plaintiffs in O.S.No.

60/91 preferred an appeal before the first appellate court, the

unsuccessful plaintiff in OS 438/1990, who is the first

defendant in OS No.60/1991, did not file any appeal

challenging the dismissal of OS 438/1990. Hence the decree

and judgment in OS 438/1990 had become final. This Court

entered a finding that the principle of res judicata is clearly R.P.No.325/2021 in R.S.A.No.221/2021

..4..

applicable as against the first defendant i.e., the plaintiff in

O.S.No.438/1990 holding that there is no debatable

substantial question of law before this Court, which is not

covered by settled principles of law or precedents. This Court

also meticulously analysed the entire evidence on record and

held that it is not open to the defendants to re-agitate the facts

or to call upon this Court to re-analyse or re-appreciate

evidence in a second appeal. Accordingly, the second appeal

was dismissed. There is no error apparent on the face of

record or sufficient reason warranting to review the judgment

of this Court. Hence, the Review Petition is liable to be

dismissed.

Resultantly, the review petition is dismissed. There

will be no order as to costs.

Sd/-

N.ANIL KUMAR, JUDGE MBS/