ORDER

1. Review petition has been filed against the judgment of this Court in Mat.A.No.607/2008 whereby, referring to provisions of Section 64(1) of the Code of Civil Procedure, judgment and decree of trial court rendered in O.P.No.1415/2004 was set aside and the Original Petition was decreed, on the ground that there is an error apparent on record as the provisions of Section 64(2) r/w order 38 Rule 5(1) and (4) have not been taken into consideration while setting aside judgment and decree.

3. For adjudication of review petition facts in brief are essential and necessary for understanding the controversy. Govinda Naik and Leena Govindan had solemnized the marriage, certain gold ornaments and money was allegedly exchanged. There was a dispute amongst the parties which led to filing of O.P.No.158/1996. During the pendency of the aforementioned O.P., there was an attachment order. On the basis of an agreement dated 2