LAWS(KER)-2025-3-247

SAVITHRI. P Vs. RANGORATH GOKUL PRASAD

Decided On March 17, 2025
Savithri. P Appellant
V/S
Rangorath Gokul Prasad Respondents

JUDGEMENT

(1.) This writ petition was disposed of by the judgment dtd. 19/7/2023. Wife and children of the 8th respondent filed this review petition invoking the provisions of Sec. 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (Code). They claimed that they are the owners and in possession of the land involved in the litigation and therefore the judgment rendered in the writ petition, without hearing them, is an error on the face of the record.

(2.) As per the order dtd. 3/9/2024 leave was granted to the petitioners to file the review petition. The 1st respondent alone filed a counter-affidavit. He filed the counter-affidavit together with Annexures R1(a) to R1(aa). In the detailed counter-affidavit, the 1st respondent raised contention touching more on the merits of the claim of the 9th respondent, the Trustee of Sree Ramanathapuram Grama Devaswom qua the petitioners and not about the maintainability and sustainability of the review petition.

(3.) The petitioners filed a reply-affidavit.