IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 6th DAY OF JULY 2022 / 15TH ASHADHA, 1944
RP NO. 545 OF 2022
AGAINST THE JUDGMENT DATED 30.03.2022 IN Ex.FA 5/2022 OF HIGH COURT
OF KERALA
REVIEW PETITIONER/APPELLANT IN EX.F.A:
CHITHRA V, AGED 43 YEARS,
D/o REMANI, VATTAMUKADIYIL HOUSE,
KOTTAMURI P.O., KIDANGANOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT 686 105.
BY ADVS. D.KISHORE
MEERA GOPINATH
R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENTS/RESPONDENTS IN EX.F.A:
1 K.B.VIJAYAN, S/o BHASKARAN,
PUTHENPURACKAL HOUSE, CHINNAR P.O.,
CHINNARKARA ELAPPARA VILLAGE, PEERUMADE TALUK,
IDUKKI DISTRICT 685 531.
2 REMESH KUMAR, S/o VASUDEVAN PILLAI,
VATTAKUKADIYIL HOUSE, KOTTA MURI, KOTTA P.O.,
KIDANGANOOR VILLAGE, KOZHENCHERY TALUK,
PATHANAMTHITTA DISTRICT 689 641.
R2 BY ADV. P. VINODKUMAR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06.07.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.545 of 2022 2
ORDER
It is a review petition submitted by the claim petitioner on the ground that certain facts were not brought to the notice of this court at the time of disposal of the matter by this court. It is submitted that one of the ground taken up by this court so as to confirm with the order of the lower court is the failure on the part of the revision petitioner (claim petitioner) to mount on the box and to give direct evidence. It is submitted by the learned counsel for the appellant that in fact a proof affidavit was filed, but later on the counsel had withdrawn the proof affidavit by endorsing 'not pressed' without the instruction from the party concerned. In fact, no enquiry as mandated under Order 21 Rule 58 was conducted and hence RP No.545 of 2022 3 the earlier judgment is hereby recalled by allowing the review petition.
Post the Ex.F.A for hearing on 14.07.2022.
Sd/-
P.SOMARAJAN JUDGE DMR/-