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High Court of KeralaRP/218/2015dismissed

Aliyamma Varghese v. The Joint Registrar (General)

2015-07-24Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice Antony Dominic4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 RP.No. 218 of 2015 () IN WA.1774/2014 --------------------------------------- AGAINST THE JUDGMENT IN WA 1774/2014 of HIGH COURT OF KERALA DATED 17-12-2014 (AGAINST THE JUDGMENT IN WPC.14455/13) REVIEW PETITIONER(S)/APPELLANT/PETITIONER IN WPC: ------------------------------------------------------------ SMT.ALIYAMMA VARGHESE W/O.E.J. VARGHESE, AGED 50 YEARS, IRUPOOLUMKATTIL, KIZHAKOMBU P.O.

KOOTHATTUKULAM, ERNAKULAM - 686 662.

BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S)/RESPONDENTS/RESPONDENTS:

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1. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE JOINT REGISRAR'S OFFICE, CIVIL STATION KAKKANADU, ERNAKULAM-30.

2. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY, MUVATTUPUZHA - 686 661.

3. THE KOOTHATTUKULAM FARMERS SERVICE CO-OPERATIVE BANK LIMITED, NO.E-45, KOOTHATTUKULAM REPRESENTED BY ITS MANAGING DIRECTOR.

R1, R2 BYSR GOVERNMENT PLEADER SRI ALOYSIUS THOMAS R3 BY SRI.M.G.KARTHIKEYAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 24-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX IN RP.218/15 PETITIONER'S EXHIBITS:

ANNEXUREA1: A TRUE COPY OF THE NOTICE DATED 29.1.2015 ISSUED BY THE 3RD RESPONDENT.

/TRUE COPY/ PS TO JUDGE

ANTONY DOMINIC & ANIL K. NARENDRAN, JJ.

----------------------------------- C.M.Appln.77 of 2015 & R.P.No.218 of 2015 in W.A.No.1774 of 2014 ----------------------------------- Dated this the 24th day of July, 2015

O R D E R

Antony Dominic, J.

C.M.Appln.77/15 is filed to condone delay of 39 days in filing this review petition. We heard learned counsel for the petitioner, learned Government Pleader appearing for respondents 1 and 2 and learned counsel appearing for the third respondent. Having regard to the facts stated in the affidavit filed in support of the application, delay is condoned as prayed for.

Appellant has filed this review petition seeking review of the judgment in the appeal, by which, this court had, ignoring the technicalities, directed the third respondent bank to re-convey the property to the petitioner on her remitting the entire amount due to the bank in terms of Ext.P3 order of the Kerala State Farmers' Debt Relief Commission, together with interest as ordered therein. It is complaining that the amount so ordered to be paid is not actually due, this review is filed. In our view, on the very face

RP.218/15 of this contention, it does not reflect any error apparent on the face of the judgment, justifying the review power of this Court. Review petition fails and is accordingly dismissed.

Sd/- ANTONY DOMINIC, Judge.

Sd/- ANIL K. NARENDRAN, Judge.

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