Salim vs Shajahan
2024 Latest Caselaw 27091 Ker

Kerala High Court

Salim vs Shajahan on 6 September, 2024

                                         2024:KER:68542

RP No.830 of 2024 in
MFA(ECC) No.102 of 2019
                                  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. 830 OF 2024
    AGAINST THE JUDGMENT DATED 25.06.2024 IN MFA (ECC) NO.102
                 OF 2019 OF HIGH COURT OF KERALA
REVIEW PETITIONER:

            SALIM,
            AGED 44 YEARS, S/O.LATE YUNUS KUNJU,
            RESIDING AT PUTHENPURAYIL , SUMAYYA MANZIL,
            KOIVILA P.O., BHARANIKKAVU, KOLLAM., PIN 691 590

          BY ADVS.
          B.KRISHNA MANI
          N.V.SANDHYA
          DHANUJA M.S
RESPONDENTS:

1           SHAJAHAN,
            S/O.HASSANARU KUNJU, RESIDING AT CHALITHARAYIL,
            KOIVILA P.O., BHARANIKKAVU, KOLLAM., PIN - 691590

2           MYTHEEN KUNJU,
            PROPRIETOR, M.S.SAW MILL, KOIVILA P.O.,
            BHARANIKKAVU, KOLLAM., PIN - 691590

            BY ADV
            SRI K SIJU, RESP

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                2024:KER:68542

RP No.830 of 2024 in
MFA(ECC) No.102 of 2019
                                      2


                             G. GIRISH, J.
                      ------------------------------
                           RP No.830 of 2024 in
                        MFA(ECC) No.102 of 2019
               ------------------------------------------------
            Dated this the 6th day of September, 2024

                                  ORDER

Heard the learned counsel representing the review

petitioner. It is submitted that the case has to be adjourned for a

detailed hearing on the maintainability aspect. Perused the

records.

2. The present petition is filed to review the judgment

rendered by this Court on 25.06.2024 in MFA(ECC) No.102 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 2024:KER:68542

RP No.830 of 2024 in

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

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 2024:KER:68542

RP No.830 of 2024 in

PETITIONER ANNEXURES

Annexure-I CERTIFIED COPY OF THE REGISTER OF LICENSE FROM THE THEVALAKKARA GRAMA PANCYHAYAT