HARIKESAVAN Vs. PURUSHOTHAMAN

JUDGEMENT

(1.) THIS review application is filed against the Judgment and Decree of this Court passed in S.A.No.1440 of 1998 dated 17.09.2012.

(2.) HEARD the learned counsel appearing on either side.

(3.) IN the above said second appeal, this Court has allowed the appeal and remanded back the suit to trial court on 29.06.1981 with a direction that the trial court to frame additional issues and permitted both sides to let additional evidence and then pronounce judgment. After remand, the plaint was amended and seeking recovery of possession and also impleaded the second defendant in the suit. The trial court, after considering the evidence adduced on both sides and dismissed the suit on 31.07.1995 and the first appeal in A.S.No.254 of 1995 was preferred. The first appellate court has allowed the appeal and decreed the suit as prayed for in the suit. Aggrieved over the above said decree and judgment passed by the first appellate court, the defendant in the suit preferred the second appeal S.A.No.1440 of 1998 before this Court and this Court has pronounced the judgment on 17.09.2012 and dismissed the second appeal and confirmed the decree and judgment passed by the first appellate court. As against the decree and judgment passed by this Court, the appellant has filed this review application before this Court to review the decree and judgment pronounced by this Court.