Muhammed Uvaise vs Abdul Salam
2024 Latest Caselaw 27008 Ker

Kerala High Court

Muhammed Uvaise vs Abdul Salam on 6 September, 2024

                                                   2024:KER:68117

RP No.826 of 2024
                                  1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE G. GIRISH

   FRIDAY, THE 6TH DAY OF SEPTEMBER 2024/15TH BHADRA, 1946

                         RP NO.826 OF 2024

         AGAINST THE JUDGMENT DATED 28.06.2024 IN FAO NO.33 OF

                    2019 OF HIGH COURT OF KERALA

REVIEW PETITIONER:

            MUHAMMED UVAISE
            AGED 43 YEARS, S/O. ABUBAKAR, KARINJALIKKULAM,
            PUNNAKUNNAM MURI, KUTTAPUZHA VILLAGE, THIRUVALLA
            TALUK, PATHANAMTHITTA DISTRICT., PIN - 689103

            BY ADVS.
            RAJ CAROLIN V.
            K.S.HARIHARAPUTHRAN
RESPONDENTS:

     1      ABDUL SALAM
            AGED 48 YEARS, S/O. ABDUL RASHEED, RESIDING AT
            LAKKULATHU THAZHACHAYIL HOUSE, PERUNNA KIZHAKKU
            MURI, CHANGANASSERRY VILLAGE, KOTTAYAM DISTRICT.,
            PIN - 686101

     2      HASSENA
            AGED 44 YEARS, W/O. ABDUL SALAM, RESIDING AT
            LAKKULATHU THAZHACHAYIL HOUSE, PERUNNA KIZHAKKU
            MURI, CHANGANASSERRY VILLAGE, KOTTAYAM DISTRICT.,
            PIN - 686101
                                                2024:KER:68117

RP No.826 of 2024
                               2



            BY ADV
            SRI K N RADHAKRSHNAN(THIRUVALLA), RESP
      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                             2024:KER:68117

RP No.826 of 2024
                                      3




                             G. GIRISH, J.
                      ------------------------------
                            RP No.826 of 2024
               ------------------------------------------------
             Dated this the 6th day of September, 2024

                                  ORDER

Heard the learned counsel for the review petitioner and the

learned counsel for the respondents.

2. The present petition is filed to review the judgment

rendered by this Court on 28.06.2024 in FAO No.33 of 2019.

3. On going through the statement of facts as well as

the grounds stated in this petition for reviewing the aforesaid

judgment, it seems that the petitioner is challenging the decision

upon the ground that this Court has not appreciated the facts

and law in the correct perspective. The above aspect is not a

matter which would come within the purview of error apparent

on the face of the record under Clause 1 Order XLVII Rule 1 of

the Code of Civil Procedure, 1908. The petitioner cannot expect

this Court to reappreciate the matter once again, and nor could

the petitioner reagitate the factual and legal aspects under the 2024:KER:68117

pretext of a review petition. If the petitioner has got a case that

this Court went wrong in appreciating the legal and factual

aspects, he could have challenged the judgment before the

Higher Forum. At any rate, the review petition, as filed now,

cannot be entertained.

For the above reasons, the review petition stands

dismissed.

Sd/-

G. GIRISH, JUDGE

ded