Preethakumari vs V.R.Madhusoodanan Nair
2021 Latest Caselaw 14499 Ker

RP NO. 410 OF 2021


                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
           TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                               RP NO. 410 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OP(C) 242/2021 OF HIGH COURT OF KERALA,
                                    ERNAKULAM
REVIEW PETITIONER/1ST RESPONDENT:

              PREETHAKUMARI
              AGED 45 YEARS
              D/O. INDIRADEVI, M.J.NIVAS, PALLICHAL DESOM, PALLICHAL
              VILLAGE, NEYYATTINKARA TALUK
              BY ADVS.
              BIJU .C. ABRAHAM
              MATHEWS K.UTHUPPACHAN


RESPONDENTS/PETITIONER & 2ND RESPONDENT:

      1       V.R.MADHUSOODANAN NAIR
              AGED 61 YEARS
              S/O. VELAYUDHAN NAIR, SAPHALYA, NEDIYAMKODE, PARASUVAIKKAL
              DESOM, PARASUVAIKKAL VILLAGE, NEYYATTINKARA TALUK-695 121
      2       ADITHYA
              AGED 18 YEARS
              D/O. PREETHAKUMARI, M.J.NIVAS, PALLICHAL DESOM, PALLICHAL
              VILLAGE, NEYYATTINKARA TALUK-695 020
              BY ADVS.
              N.N.SUGUNAPALAN (SR.)
              S.SUJIN



THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13.07.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP NO. 410 OF 2021
                                       2




                                 ORDER

Dated this the 13th day of July 2021

This review petition is filed on the ground that

this Court had disposed O.P(C).No.242 of 2021

without issuing notice to the review petitioner/first

respondent in the original petition. By the

judgment sought to be reviewed, the Additional

Munsiff-II, Neyyattinkara is directed to dispose

E.P.No.375 of 2020 in O.S.No.853 of 2011 within

one month.

2. Learned Counsel for the review petitioner

submitted that the decree and judgment in

O.S.No.853 of 2011 is under challenge in

A.S.No.12 of 2019, pending before the sub court,

Neyyattinkara and the direction to dispose the

execution petition within one month will render the

appeal infructuous.

3. There being no dispute to the fact that the RP NO. 410 OF 2021

judgment was delivered without issuing notice to

the petitioner, I find merit in the prayer for review.

Accordingly the review petition is allowed and

the judgment in O.P(C).No.242 of 2021 is recalled.

Sd/-

V.G.ARUN

JUDGE NB/13.7.21 RP NO. 410 OF 2021

APPENDIX OF R.P.410/2021

PETITIONER'S ANNEXURE : NIL

RESPONDENT'S ANNEXURE: NIL

True Copy P.A to Judge