High Court Kerala High Court

Krishnaveni vs T.Radha Bai on 24 November, 2009

Kerala High Court
Krishnaveni vs T.Radha Bai on 24 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 1074 of 2009()


1. KRISHNAVENI,W/O.LATE GOPI RAO,
                      ...  Petitioner
2. MANIKANDAN,S/O.LATE GOPI RAO
3. SMT.SINDHU,D/O.LATE GOPI RAO
4. SMT.INDU,D/O.LATE GOPI RAO
5. SMT.REKHA,D/O.LATE GOPI RAO

                        Vs



1. T.RADHA BAI,W/O.LATE THUKKU RAM,
                       ...       Respondent

2. N.HARISANKAR RAO,S/O.LATE NAMU 73 C,

3. N.NARAYANA RAO,S/O.NAMU,

4. N.KRISHNA RAO,S/O.LATE NAMU,

5. N.RUGMINI BAI,W/O.KRISHNA RAO,63,

6. K.RAJAMMA BHAI,W/O.BALANADHA RAO,

7. T.PRASAD RAO,S/O.THUKKURAM RAO,

8. K.MURALY,S/O.K.RUGMINI BHAI-63,

9. K.AMARNADH,  -DO-    -DO-

10. K.JANARDHANAN,  -DO-    -DO-

11. K.RAJESH,  -DO-    -DO-

12. HEMALATHA,  -DO-    -DO-

13. CHANDRA,W/O.LATE AMARNATHU, -DO-  -DO-

14. MASTER SATHEESH,S/O.AMARNATHU, -DO- -DO-

15. MASTER VINOD,S/O.LATE AMARNATHU,

16. JEEVA BHAI,W/O.LATE N.HARISANKAR RAO,

17. RAMESH,S/O.LATE HARISANKARA RAO,

18. SURESH,S/O.LATE HARISANKARA RAO,

19. ASOK,S/O.LATE HARISANKARA RAO,

20. GIRIJA BAI,W/O.LATE NARAYANA RAO,

21. SMT.BINDU,D/O.LATE NARAYANA RAO

22. GEETHA,D/O.LATE NARAYANA RAO

23. VAITHEESH RAO,S/O.LATE NARAYANA RAO,

24. SMT.KASTHURI,D/O.LATE KRISHNA RAO

25. SMT.RANI,D/O.LATE KRISHNA RAO

                For Petitioner  :SRI.T.V.GEORGE

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :24/11/2009

 O R D E R
                   P.R. RAMAN & P. BHAVADASAN, JJ.
               - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                            R.P. No. 1074 of 2009 in
                                 F.A.O.84 of 2009.
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                Dated this the 24th day of November, 2009.

                                         ORDER

Bhavadasan, J,

In a suit for partition, a preliminary decree was

passed. Plaintiff thereafter filed a petition for passing of the

final decree. Final decree was passed. Defendant No.3 wanted

to have the above final decree set aside on the ground that he

had no knowledge of the final decree proceedings. The trial

court finding that no grounds were made out to set aside the

ex-parte decree, dismissed the petition. The matter was

brought up in appeal as F.A.O. 84 of 2009.

2. Appellant was the third defendant in the suit.

The suit was preferred by one of the sisters of the appellant.

A.S. 545 of 1996 preferred by the appellant against the

preliminary decree was dismissed. It was thereafter that the

plaintiff had filed a petition for passing of the final decree.

R.P.1074/2009. 2

3. In order to ascertain whether the appellant had any

real grievance in the matter, this court went through the entire

records relating to the passing of the final decree. On an

appreciation of the materials made available before this court, it

was found that the grievance voiced before this court was

imaginary and it was found that the contention of the respondents

that the attempt of the appellant is to drag on the passing of the

final decree was justified. Accordingly FAO was dismissed.

4. In this review petition, the petitioners, who are the

legal representatives of the appellant, have pointed out that the

appellant had omitted to urge several grounds which were available

to him at the time of hearing of FAO.

5. We find that in the review petition the petitioners

have not made out any ground to review the judgment under Order

47 Rule 1 of the Code of Civil Procedure. So also it was after

considering the entire records made available to this court that we

had come to the conclusion that the appellant had no real

R.P.1074/2009. 3

grievance in the matter. The attempt now is to re-agitate the whole

issue afresh. That cannot be permitted in a review petition.

This review petition is without merit and it is

accordingly dismissed.

P.R. Raman,
Judge

P. Bhavadasan,
Judge

sb.