MANNIL ABDUL GADHAFI Vs. P.V.MOHAMMED

JUDGEMENT

(1.) The 1st respondent in R.F.A.(Misc) No.1 of 2019 has filed this petition for review under Sec. 114 read with Order XLVII, Rule 1 of the Code of Civil Procedure, 1908.

(2.) The appeal was allowed as per the judgment dtd. 28/9/2022, reported as Mohammed v. Mannil Abdul Gadhafi alias Abdul Gadafi Mannil, [2022 (6) KLT 269 : 2022 (4) KLJ 362 : 2022 (6) KHC 369 : 2022 KHC OnLine 761 : ]. We later noticed that there occurred a mis-statement of law while we discussed the law laid down by the Apex Court in Vareed Jacob v. Sosamma Geevarghese and others [(2004) 6 SCC 378], which was a divided verdict, and hence the matter was listed as "to be spoken to". In the meantime, this review petition has been filed.

(3.) Review is sought on the following grounds: