GIRIJA Vs. LAKSHMIKUTTY AMMA

JUDGEMENT

(1.) This is an application for review filed by the appellant in R.F.A.No.578 of 2015. The appellant, 2nd plaintiff in O.S.No.165 of 2005 on the file of the Sub Court, Kottarakkara, filed the suit for a decree of specific performance against the 1st respondent in the appeal, which was disposed of by the trial court declining the prayer for specific performance, but at the same time allowing return of advance amount with interest. In the judgment under review, while endorsing the finding of the lower court, this Court has also taken note of the fact that the amount decreed was already deposited by the 1st respondent/defendant in the suit as early as on 25.07.2012 and that, subsequent to the decree, the 1st respondent alienated the property initially on 02.03.2012 and the purchaser again alienated the property on 10.01.2013. Although the second alienation found by this Court is disputed by the counsel for review petitioner, learned counsel for the contesting respondent has made available document No.97 of 2013 of SRO, Kottarakkara to substantiate the correctness of the said finding. We are not satisfied that the petitioner has made out any ground to justify the prayer for review of the judgment in the appeal. Review petition is dismissed.