RAJAMMA Vs. RAMAKRISHNAN

JUDGEMENT

(1.) The civil revision petition is filed by the supplemental review petitioners 2 to 5 in IA No.2435/2011 in FDIA No.1711/1988 in OS No.49/1983 of the Court of the Additional Subordinate Judge, Palakkad. The respondents in the revision petition are the respondents 3 to 8 and supplemental respondents 9 and 10 in IA No.2435/2011.

(2.) The concise case of the petitioners in the revision petition is that, they are the legal heirs of the late Appunni - the second defendant in OS No.49/1983, which was filed for partition. The final decree was passed on 31/1/2011, allotting 'E ' schedule property in the commission report to the plaintiff and 'D ' schedule property to the second defendant. Aggrieved by the above allotment, the second defendant filed RFA No.307/2011 before this Court. It was contended that there was no consent between the parties as recorded by the court below in the final decree application. But this Court dismissed the appeal by reserving the right of the second defendant to move for review. Accordingly, the second defendant filed IA No.2435/2011 in FDIA No.1711/1988 to review the final decree. The same was opposed by the plaintiff. The court below, on complete misdirection of the facts and circumstances of the case, dismissed the review petition. The impugned order is illegal, improper and irregular. Hence the revision petition.

(3.) Heard;Sri.S.V Balakrishna Iyer, the learned Senior Counsel appearing for the petitioners and Sri.Jacob Sebastian, the learned counsel appearing for the respondents.