Rukkiya Beevi vs George Varghese
2021 Latest Caselaw 15972 Ker

RP NO. 461 OF 2021
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                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
           MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                               RP NO. 461 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OP(C) 794/2021 OF HIGH COURT OF KERALA,
                                    ERNAKULAM
REVIEW PETITIONER/1ST RESPONDENT:

              RUKKIYA BEEVI,
              AGED 70 YEARS
              D/O. ABDUL REHMAN KUNJU, THEKKEVILA VEEDU, EDAVA P. O.,
              THIRUVANANTHAPURAM DISTRICT, PIN - 695 311.
              BY ADVS.
              M.BALAGOVINDAN
              S.SHIBU KUMAR


RESPONDENT/PETITIONER IN O.P(C)794/2021/2ND RESPONDENT:

      1       GEORGE VARGHESE,
              AGED 53 YEARS
              S/O. LATE THANKACHAN VARGHESE, PLOT NO.60, T. C. 14/788(13),
              VALLEY VIEW GARDENS, POTHUJANAM LANE, KUMARAPURAM, MEDICAL
              COLLEGE P. O., THIRUVANANTHAPURAM, PIN - 695 011.
      2       MOHAMMED ABDUL KHADAR,
              AGED 82 YEARS
              S/O. LATE ABDUL REHMAN KUNJU, KIZHAKKEVILA VEEDU, PRESS
              JUNCTION, EDAVA VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM
              DISTRICT.

              (M. ABDUL KHADAR DIED ON 16/6/2016).

      THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 02.08.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 461 OF 2021
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                                ORDER

Dated this the 02nd day of August 2021

The review is filed primarily on the ground that the

judgment sought to be reviewed was rendered without

issuing notice to the first respondent and with a dead

person (2nd respondent) in the party array.

In such circumstances, the prayer for review is

well founded. Hence, the review petition is allowed and

the judgment dated 08.04.2021 in O.P(C).794/2021 is

recalled.

Sd/-

V.G.ARUN

JUDGE NB/3.8.21 RP NO. 461 OF 2021

APPENDIX OF RP 461/2021

PETITIONER'S ANNEXURE:

Annexure R1(A) TRUE COPY OF THE PLAINT IN O.S. 14/69 GOT TRANSFERRED SUB COURT, ATTINGAL TO PRINCIPAL SUB COURT, TRIVANDRUM AND RENUMBERED AS O.S. 85/1971 DATED 31/07/1971.

Annexure R1(B) TRUE COPY OF THE PRELIMINARY DECREE IN A.S.

51/1973 DATED 20/02/1980.

Annexure R1(C) TRUE COPY OF THE COMPRISE PETITION IN C.M.P.

3673/1979 IN .A.S. 118/1973 DATED 11/02/1979. Annexure R1(D) TRUE COPY OF THE ORDER IN I.A. 85/2008 IN .A.A 43/2007 OF APPELLATE AUTHORITY, ALAPPUZHA.

RESPONDENT'S ANNEXURE: NIL

True Copy P.A to Judge