High Court Kerala High Court

Jeevan Raj vs Sreedevi Krishnakumar on 8 October, 2010

Kerala High Court
Jeevan Raj vs Sreedevi Krishnakumar on 8 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 760 of 2010()


1. JEEVAN RAJ, S/O.AYYAPPAN,
                      ...  Petitioner

                        Vs



1. SREEDEVI KRISHNAKUMAR,
                       ...       Respondent

2. P.LATHADEVI, AGED 47 YEARS,

                For Petitioner  :SRI.E.G.GORDEN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :08/10/2010

 O R D E R

Thottathil B.Radhakrishnan

&

S.S.Satheesachandran, JJ.

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R.P.760/2010 in F.A.O.188/2010

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Dated this the 8th day of October, 2010.

Order

Thottathil B.Radhakrishnan, J.

The review petitioner had filed an appeal against

an order by which the court below had refused to

set aside an ex parte decree in a suit for

specific performance of a contract for sale and

also on an application to condone delay in filing

such application. The review petitioner is the

second defendant. He is the assignee. He claims

that the judgment sought to be reviewed would not

have been passed, if the contract for sale was

appropriately construed by this Court. The

judgment was not based on the basis of the

construction of any document but by deciding on

the issue relatable to the extent of the right to

sue and defend as regards a person who is a

RP760/10 IN FAO188/10 -: 2 :-

transferee after an agreement for sale. At any

rate, we are satisfied that there is no error

apparent on the face of the record of the

judgment sought to be reviewed. The review

petition fails. The same is accordingly

dismissed.

Thottathil B.Radhakrishnan,
Judge.

S.S.Satheesachandran,
Judge.

Sha/1510