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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
R.Sasidharan, S/o Raman – Appellant
Versus
Travancore Devaswom Board – Respondent
| Table of Content |
|---|
| 1. property ownership and document access issues. (Para 1 , 2) |
| 2. parties' arguments regarding document possession. (Para 3 , 4 , 5 , 6) |
| 3. review procedures under cpc sections. (Para 7 , 8 , 9) |
| 4. criteria for review and related jurisprudence. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. assessment of petitioner’s claims and evidences. (Para 18 , 19) |
| 6. dismissal of review petition as no grounds met. (Para 20) |
ORDER :
Muralee Krishna, J.
This review petition is filed under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 (‘CPC’ for short), by the petitioner in W.P.(C)No.13843 of 2023, seeking review of the judgment dated 24.06.2025, whereby the writ petition filed by him under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to give him the copy of document No.109/1122 ME of S.R.O. Ambalappuzha and the plaint copy, decree and judgment in O.S. No.43 of 1952 on the file of the Munsiff’s Court, Haripad, was dismissed.
2. The review petitioner (‘petitioner’ for short) filed W.P.(C)No.13843 of 2023, contending that the property covered in document bearing No.109/1122 ME of S.R.O. Ambalappuzha, belo
The court clarified that review jurisdiction is limited to errors apparent on record and cannot be used to relitigate previously decided issues.
Review jurisdiction under CPC is limited; cannot reargue issues already settled.
(1) Review jurisdiction – Application for review would also lie if order has been passed on account of some mistake—Review court does not sit in appeal over its own order—Rehearing of matter is imper....
Review jurisdiction is limited to specific grounds such as new evidence or apparent errors, and cannot be used as an appeal mechanism.
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
Review jurisdiction under CPC is limited to new evidence, errors apparent on the record, or sufficient reasons, not for rearguing settled issues.
Point of law: The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeki....
Review jurisdiction is not an appeal; it addresses only material errors apparent on record, not new arguments or hearsay.
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