Rasni vs E.A.Subair
2021 Latest Caselaw 3006 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

                                  &

                  THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

              RP.No.1004 OF 2018 IN Mat.Appeal. 287/2011

          AGAINST JUDGMENT DATED 5.11.2018 IN MAT.A.287/2011


REVIEW PETITIONER/APPELLANT:

              RASNI, AGED 35 YEARS, D/O. ABDUL KAREEM, MUKALEL
              VEETTIL, PALARIMANGALAM KARA, POTHANIKKADU VILLAGE,
              KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686671

              BY ADV. SRI.M.A.ABDUL HAKHIM

RESPONDENTS/RESPONDENTS:

      1       E.A.SUBAIR, AGED 45 YEARS, S/O. ABDUL RAHIMAN,
              IKKARAKKUDY, ADIMALI KARA, MANNAMKANDAM VILLAGE,
              DEVIKULAM TALUK, IDUKKI DISTRICT 685613

      2       ABDUL RAHIMAN, AGED 85 YEARS
              IKKARAKKUDY,ADIMALI KARA, MANNAMKANDAM
              VILLAGE,DEVIKULAM TALUK,IDUKKI DISTRICT 685613

              BY ADV. JOHN NUMPELI


     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 27.01.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 R.P.NO.1004/2018 in
Mat.Appeal.No.287/2011

                                     2




                                   ORDER

Dated this the 27th day of January 2021

Shaffique, J

Parties to the review petition had almost arrived at a consensus

to settle the matter out of court. That apart, the review petitioner has

a case that the court below did not grant the value of immovable

properties as on the date of decree, though an alternative claim was

made for return of gold ornaments.

Having regard to all these facts, we are of the view that the

review petition can be allowed. Accordingly, the review petition is

allowed. Judgment dated 5.11.2018 in Mat.Appeal.No.287/2011 is

recalled and the appeal is restored to file.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

                                                 V.G.ARUN
kp               True copy                         JUDGE
                   P.A. To Judge