High Court Kerala High Court

A.V.Abdu vs A.V.Abdul Khader on 14 January, 2010

Kerala High Court
A.V.Abdu vs A.V.Abdul Khader on 14 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 1069 of 2009()


1. A.V.ABDU,S/O.MOHAMMED,ANTHYOOR VALAPPIL
                      ...  Petitioner

                        Vs



1. A.V.ABDUL KHADER,ANTHIYUR VALAPPIL HOUSE
                       ...       Respondent

2. GOVERNMENT OF KERALA,REPRESENTED BY

3. TALUK LAND BOARD,

4. TAHSILDAR,PONNANI.

5. A.V.KHADEEJA,PALLIKKARA,

6. A.V.FATHIMA,PADINJARE VALAPPIL,

7. A.V.KULSU,NEAR VALAYANKULAM,

8. A.V.VEERANKUTTY,ANTHIYOOR VALAPPIL HOUSE

9. A.V.RUKHIYA,VATTATHUR VALAPPIL HOUSE,

10. A.V.IYYACHU,ANAKKAPARAMBIL HOUSE,

                For Petitioner  :SRI.C.M.MOHAMMED IQUABAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :14/01/2010

 O R D E R
                   S.S.SATHEESACHANDRAN, J.
                   ----------------------------------------
       R.P.No.1069 OF 2009 IN C.R.P NO.1830/1994
       -----------------------------------------------------------------
            Dated this the 14th day of January 2010
             ----------------------------------------------------
                                  ORDER

Petitioner is the 9th respondent in the above

revision. He has filed the present petition to review the

order passed by this court disposing the revision on

12/07/2005, with a petition to condone delay of 1537 days

canvassing a case that he could not properly instruct his

counsel and hence the impugned order happened to be

passed in the revision. His brother, one of the legal heirs of

the declarent had filed the revision, but he too on account of

financial stringency was missing for quite some time and so

much so, there was no effective prosecution of the revision

is the case of the review petition for seeking condonation of

delay and also for reviewing the order already passed by this

court.

2. I heard the learned counsel for the petitioner.

I find no merit in the petition. Petitioner is only a respondent

in the revision who had submitted to the order passed by the

Land Board. Challenge against the order was raised by his

R.P.No.1069 OF 2009 IN
C.R.P NO.1830/1994 Page numbers

brother, the petitioner, another legal heir of the declarent.

He has also now submitted to the order. The reason

canvassed by the petitioner for condonation of delay and

also for reviewing the order which had been passed on

merits by this court on the face of it show that it was after

hearing the counsel on both sides. That order is not liable to

be interfered with under law. Review petition lacks merit,

and it is dismissed.

Sd/-

S.S.SATHEESACHANDRAN,
JUDGE
//TRUE COPY//

P.A TO JUDGE

vdv