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Review Petition No.86/2024

Case between Bhanumathy et al vs Rajagopalan regarding review petition in Original Suit No.1391/2005

Court
MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-01-06
Duration

Judgement document from eCourt website

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Case Summary

Petitioners are seeking a review of the judgment and decree in OS 1391/2005, alleging the court's error in not following Kerala amendment to Order 34 of Civil Procedure Code. Respondents argue the review is not maintainable.

Judgment Outcome

Defendant Won
Interim Order
Review petition dismissed.
Judgment Favored
Defendant
Relief Granted
Case Type
Review Petition
Final Judgment
No
Key Reasoning:
The Court found no error in the original judgment.

Judgment Evidence:

Parties Involved

Plaintiffs

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

Defendants

Rajagopalan (69 years years) Nadepillil House, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk

Documents & Evidence

Document Type: Notification dated 20.11.1990
Submitted By: Plaintiff
Relevance:
To show amendment to Order 34 Rule 4 of CPC
Reference:
Document Type: Decisions reported in AIR 2003 SC 1017 and 2005 1 KLT 819
Submitted By: Plaintiff
Relevance:
How judgment was not in accordance to these decisions
Reference:
Document Type: Notification number D1 22480/845 Dated 16-12-1989 published in Kerala Gazette No. 46
Submitted By: Court
Relevance:
To support passing a composite decree in tune with Order 34 Rule 4
Reference:

Quick Facts

Location
ERNAKULAM
Case Filed
Outcome Confidence
70%

Involved Entities

Government

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