KRANTI KUMAR Vs. MAHENDRA KUMAR & ANR

JUDGEMENT

(1.) The applicant before this court has filed this present review petition under section 114 r/w section 151 and Order 47 Rule 1 of CPC for reviewing the judgment and decree dated 11.4.2012 passed in FA No.3/08.

(2.) The first appeal preferred by applicant Kranti Kumar was arising out of a judgment and decree dated 3.11.2007 passed in Civil Suit No.9-A of 2005 (Mahendra Kumar and two other Vs. Kranti Kumar). The Civil Suit preferred by the plaintiffs for eviction, possession and for mesne profit in respect of house and land situated at E-31, HIG Colony Pandit Ravishankar Shukl Nagar, Indore was decreed in favour of the plaintiffs. This court after hearing the parties at length and appreciating the evidence on record has dismissed the first appeal preferred by Kranti Kumar the appellant/applicant. It has been vehemently argued before this Court that the judgment is erroneous in nature and this Court has not properly considered the evidence. It has also been stated that this Court has failed to consider the evidence on record. The review petition is infact an appeal under the guise of review and the applicant is trying to find a fault with the judgment in a review petition, which cannot be done as we are not the appellate court. Learned counsel for the applicant has not been able to point out a single error apparent on the face of the record warranting review in the matter.

(3.) The Apex Court in the case of Haridas Das Vs. Usha Rani Bank (Smt) and Ors., 2006 4 SCC 78 in paragraph 13 and 20 has held as under :-