Review Petition No.87/2024 in O.S. No.1396/2005

Case between Bhanumathy et al vs Radhakrishnan et al regarding review of judgment and decree passed in O.S. No.1396/2005

Court

MUNSIFF, ERNAKULAM

Judge

Smt. Needi.K.Dinamany, II Additional Munsiff

Order Date

2025-01-06

Duration

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Case Summary

This is a review petition filed under Section 114 read with Order 47 Rule 1 and Section 151 of Code of Civil Procedure. The petitioners seek a review of the judgment and decree due to alleged errors in applying the correct law.

Judgment Outcome

Judgment Favored

Defendant

Relief Granted

Case Type

Review Petition

Final Judgment

Key Reasoning:
The Court found no error apparent on the face of record to review the judgment and decree.

Judgment Evidence:

Parties Involved

Plaintiffs

Bhanumathy (70 years) Kizhakkedathu Madathum Muriyil, Eroor North P O, Tripunithura Rajamma (58 years) Kizhakkedathu Madathum Muriyil, Eroor North P O, Tripunithura Mani (56 years) Kizhakkedathu Madathum Muriyil, Eroor North P O, Tripunithura Mallika (52 years) Kizhakkedathu Madathum Muriyil, Eroor North P O, Tripunithura Pradeesh Chandran (29 years) Kizhakkedathu Madathum Muriyil, Eroor North P O, Tripunithura

Defendants

Radhakrishnan (75 years) Kalarikkal Parambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk Nagendran (70 years) Kalarikkal Parambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk Ramagopal (68 years) Kalarikkal Parambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk Santharam (65 years) Kalarikkal Parambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk Dhanapalan (63 years) Kalarikkal Parambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk

Reliefs

Relief Type: Review of Judgment and Decree

Outcome: Not Decided

Description:

To correct the decretal portion by passing a composite decree

Evidence:

this Court has erred in not passing a composite decree as contemplated under the amended provisions of Order 34 Rule 4 of Court of Civil Procedure.

Relief Type: Costs allocation

Outcome: Not Decided

Description:

Parties shall bear their respective costs

Evidence:

parties shall bear their respective costs.

Documents & Evidence

Document Type: Notification dated 20.11.1990

Submitted By: Plaintiff

Relevance:

Kerala High Court amendment to Civil Procedure Code

Reference:

Ext.A2

Document Type: Notification dated 1990

Submitted By: Defendant