PADMINI Vs. M. SATHYANARAYANA

JUDGEMENT

(1.) This review petition is filed praying this Court to review the order dtd. 16/8/2019 passed in R.F.A.No.986/2012 and grant such other reliefs.

(2.) The respondent Nos.1 to 3, who are the plaintiffs had filed a suit for declaration that Will dtd. 30/6/1993 executed by late Thammaiah is null and void and for permanent injunction and also for partition and separate possession of 3/4th share in the schedule property and the said suit was decreed. Being aggrieved by the judgment and decree, R.F.A.No.1228/2012 connected with R.F.A.No.986/2012 are filed. This Court considering the material on merits, vide order dtd. 16/8/2019, dismissed both the appeals. Hence, the present review petition is filed by defendant No.1(a), who is the appellant in R.F.A.No.986/2012.

(3.) The main contention of the review petitioner in this review petition is that this Court while dismissing the appeals has considered only the facts and the point of law urged has not at all been considered and there is no discussion on these aspects of the matter. The other grounds are also urged with regard to the factual aspects of the case. But the main contention of review petitioner before this Court is that Sec. 43 of the Transfer of Property Act ('T.P. Act' for short) has not been considered by this Court. The same is error apparent on the face of the record i.e., non-consideration of point of law and hence it requires interference of this Court by exercising the review jurisdiction.