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2026 Supreme(Online)(Ker) 13321

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
NISAMUDEEN. J – Appellant
Versus
ABDULLA SHAFI – Respondent
RP NO. 1459 OF 2025(FILING NO) | WP(C) NO.29607 OF 2025



Advocates:
For the Appellants/Petitioners: Sri.T.R.RAJAN

A review petition cannot be granted on grounds of alleged error if the error does not substantively affect the case outcome.

Headnote:In accordance with the provisions applicable for review petitions, the court examined the judgment dated 11.08.2025 in WP

(C) No.29607 of 2025 which deferred elections until further adjudication of pending petitions. The petitioners contended that the deferment prejudiced their rights to elect a committee. The court found that the allegations of error were unsubstantial, affirming that the applicants' remedy was to pursue appropriate channels beyond this review. Consequently, the review application was dismissed.

Table of Content
1. application for review based on election deferment. (Para 1 , 2 , 3)
2. court found no merit in review application. (Para 4)

O R D E R

P.V.BALAKRISHNAN,J This is an application filed seeking leave to file a review petition against the judgment dated 11.08.2025 passed in W.P.(C)

No.29607 of 2025.

2. Heard Adv. T.R.Rajan, the learned counsel appearing for the applicants.

3. The learned counsel for the applicants submitted that the applicants are members of the 7th respondent Jamaath and they are aggrieved by the directions in the judgment to keep the election in abeyance, till the disposal of Exts.P1 and P3 petitions, since it has caused serious prejudice to the members of the 7th respondent-Jamaath including the applicants, who are deprived of their right to constitute democratically elected managing committee in accordance with the bye-laws. He further submitted that the election is not notified to 16.08.2025 as stated in the judgment and the same is an error apparent on the face of the record.

4. On an anxious consideration of the submissions made by the learned counsel for the applicants, we find no merit in it. A perusal of the judgment passed in W.P.(C) No.29607 of 2025 would show that election has been deferred till a decision is taken on Exts.P1 and P3, by the Wakf Board and nothing more. If applicants are aggrieved by the non disposal of Exts.P1 and P3, their remedy lies elsewhere and not in this review petition. Similarly, even if the date of the election stated in the judgment is incorrect, the same is inconsequential, since the date is already over. In such circumstances, we find no grounds to grant leave to the applicants, as sought for.

Resultantly, I.A.No...of 2025 (Filing No. 1 of 2025) will stand dismissed.

Sd/-

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