Balamani v. Unnikrishna Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 R.P.No. 99 of 2015 IN Mat.Appeal.115/2005 --------------------------------------------------------- AGAINST THE JUDGMENT IN Mat.Appeal 115/2005 of HIGH COURT OF KERALA DATED 05-09-2013 REVIEW PETITIONER/RESPONDENT IN THE APPEAL/PEITIONER IN THE ORIGINAL PETITION: BALAMANI AGED 62 YEARS D/O MEENAKSHI AMMA, RESIDING WITH RAMES P POONAM NIVAS, KATTAYAM MANA, VILLE GROUND FLOOR KALYAN EAST, MUMBAI.
BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT/APPELLANT/RESPONDENT IN THE ORIGINAL PETITION: UNNIKRISHNA MENON, S/O K.S.MENON, KRIPA NIVAS, PUTHUSSERY HOUSE K.K.ROAD, CHALAKUDY, MUKUNDAPURAM TALUK - 680 001. R BY SRI.K.I.ABDUL RASHEED THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 03-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ANTONY DOMINIC & P.D.RAJAN, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.319 of 2015 & R.P.No.99 of 2015 in M.A.No.115 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2015
ORDER
Antony Dominic, J.
C.M.Appln.319 of 2015:
This is an application filed to condone the delay of 472 days in filing the review petition, which is filed seeking review of the judgment of this Court in M.A.115/2005.
Having heard counsel for the petitioner and also having gone through the affidavit filed in support of the petition, we are of the view that the petitioner has not made out any good ground to condone the long and inordinate delay. In the review petition also, what is attempted to be achieved is rehearing of the appeal which also is impermissible in a petition for review. Therefore, the C.M. Application is dismissed.
R.P.No.99 of 2015:
In view of the dismissal of the delay petition, review petition is also dismissed.
SD/- ANTONY DOMINIC JUDGE SD/- P.D.RAJAN JUDGE jes