K.M.NARAYANAN NAMBOODIRI versus P.V.MOHAMMED, S/O. ALIKUTTY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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K.M.NARAYANAN NAMBOODIRI v. P.V.MOHAMMED, S/O. ALIKUTTY - RP No. 960 of 2006(C) [2006] RD-KL 1581 (14 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 960 of 2006(C)

1. K.M.NARAYANAN NAMBOODIRI,
... Petitioner

Vs

1. P.V.MOHAMMED, S/O. ALIKUTTY,
... Respondent

For Petitioner :SRI.K.M.SATHYANATHA MENON

For Respondent : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :14/11/2006

O R D E R

M.SASIDHARAN NAMBIAR, J.

R.P.No.960 OF 2006

Dated this the 14 th day of November, 2006

ORDER

This review petition is filed challenging the judgment dated 12.10.06 where under writ petition was dismissed holding that exercise of extra ordinary jurisdiction is not warranted. Case of the petitioner is that though the suit is one for injunction, there was dispute on title and therefore it is necessary to decide the question of title and hence, petitioner has to be permitted to pay court fee under Section 27(a) of the Act in the appeal. On hearing the learned counsel appearing for the petitioner, I find no ground or reason to review the judgment dated 12.10.06. If the grievance of the petitioner is that, in view of the finding against Ext.P5, learned District Judge may decide the appeal against him, it is made clear that learned District Judge has to dispose the appeal untrammeled by any observation under Ext.P5 order. Petition dismissed. M.SASIDHARAN NAMBIAR,

JUDGE.

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