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2026 Supreme(Online)(Ker) 5058

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
A.M. Subair – Appellant
Versus
M.V. Joy – Respondent
RP NO. 1325 OF 2025 | WA NO.248 OF 2024



Advocates:
For the Appellants/Petitioners: Sri T.K. Sajeev, Sri Renjith Thampan (Sr.)
For the Respondents: Sri S. Sreekumar (Sr.), Sri Sunil Kumar Kuriakose, Sri Abraham P. Meachinkara, SC Kizhakkambalam Grama Panchayat

A review petition cannot be a mere rehearing of an appeal; it must show errors apparent on the record.

Headnote:The review petition, seeking to challenge the judgment dated 27.08.2025 in W.A.No.248 of 2024, was dismissed as an impermissible rehearing of the prior appeal. The court reiterated that a review cannot substitute for an appeal and must demonstrate an error apparent on the record. The court declined to invoke its review jurisdiction due to lack of such errors and upheld the earlier order as stated on January 30, 2026.

Table of Content
1. petition seeks review of prior judgment. (Para 1)
2. advocates present arguments for both sides. (Para 2)
3. court discusses limits of review. (Para 3)
4. clarifies standard for errors in review. (Para 4)

P.V. BALAKRISHNAN, JJ.

…....................................................................

R.P.No.1325 of 2025 in W.A.No.248 of 2024 …....................................................................

Dated this the 30th day of January, 2026 ORDER This review petition is filed by the 1st respondent in W.A.No.248 of 2024, seeking review of the judgment dated

27.08.2025, passed in it.

2. Heard Adv. Ranjith Thampan, the learned Senior Counsel appearing for the review petitioner and Adv. S. Sreekumar, the learned Senior Counsel appearing for the 1st respondent.

3. The writ appeal was disposed of on merits as per judgment dated 27.08.2025. What the review petitioner attempts, in the review petition by raising the grounds as stated therein, and especially grounds 'C' to 'G' is nothing, but a rehearing of the appeal on merits, which is impermissible.

4. The Hon'ble Apex Court has time and again categorically held that a review is not to be an attempted rehearing of appeal in disguise [see Thungabhadra Industries Ltd. v. Government of Andra Pradesh [ AIR 1964 SC 1372 ], Lily Thomas v. Union of India [ 2000 (6) SCC 224 ], and Anantha Reddy N. v. Anshu Kathuria [2013(15) SCC 534]]. Further, an error that is not self-evident and has to be detected by a process of reasoning can hardly be said to be an error apparent on face of the record justifying the court to exercise its power of review [see Parison Devi v. Sumitri Devi [ 1997 (8) SCC 715 ].

Hence, in the absence of any error apparent on the face of the record, we are not inclined to invoke the review jurisdiction in this case.

Resultantly, this review petition is dismissed.

Sd/-

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