Balakrishnan Menon vs Baiju
2021 Latest Caselaw 2466 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                 RP.No.799 OF 2020 IN Ex.FA. 16/2019

      AGAINST THE JUDGMENT IN Ex.FA 16/2019 DATED 23.01.2020


REVIEW PETITIONER/APPELLANT:

               BALAKRISHNAN MENON, AGED 72 YEARS
               S/O. NARAYANA PILLAI,
               KATHIRAKATTU VEETTIL, MARUTHORVATTOM P.O.
               CHERTHALA, ALAPPUZHA 688 545.

               BY ADV. SRI.PRAVEEN K. JOY


RESPONDENTS:

               BAIJU, S/O. RAJAN,
               BAIJI NILAYAM, VARANAD P.O.
               CHERTHALA, ALAPPUZHA 688 539.


               SRI. T.JAYAKRISHNAN

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 21.01.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP 799/20
                                      2


                                   ORDER

The petitioner seeks review of the

judgment dated 23.01.2020 not because of any

error apparent on its face, but because he has

not been able to pay the amounts as agreed by

him in the memorandum of agreement recorded

therein.

2. The petitioner says that his client is

going through extreme financial crisis on

account of the Covid-19 pandemic disruptions

and that he will be able to make the payment by

31.03.2021. He, therefore, prays that the

judgment be reviewed and his client be allowed

to make payment within this time.

3. In response, Sri.T.Jayakrishnan -

learned counsel for the respondent, submitted

that the judgment of this Court, sought to be

reviewed, merely recorded the memorandum of

settlement between the parties and therefore,

that unless his client agrees, it will not be RP 799/20

possible for the petitioner to seek any further

extension. He, however, submitted that as a

matter of fairness, his client is willing to

wait till 31.03.2021, but prayed that this

Court may not grant any further time.

In the afore circumstances, I order this

Review Petition, modifying the judgment of this

Court to the extent that the petitioner will be

allowed to pay the amounts, as agreed between

the parties in the memorandum of settlement

recorded therein, on or before 31.03.2021. The

judgment and the memorandum of settlement in

all other respects will remain unaltered.

Sd/-

                                     DEVAN RAMACHANDRAN
       RR                                    JUDGE