Citation : 2022 Latest Caselaw 1347 Ker
Judgement Date : 1 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
RP NO. 104 OF 2022
AGAINST THE JUDGMENT IN OP(C) 6/2022 OF HIGH COURT OF
KERALA
PETITIONER IN R.P/RESPONDENT NO.2 IN O.P.(C):
VALSARAJAN K., AGED 61 YEARS,
S/O.NARAYANAN, VRINDAVANAM HOUSE,
KOTTAPPALLI VILLAGE, VALLIAD P.O.,
VATAKARA TALUK, KOZHIKODE-673 101.
BY ADVS.
SRI.P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.MANU VYASAN PETER
RESPONDENTS IN R.P/PETITIOINER AND RESPONDENTS 1,3 & 4 IN
O.P.(C):
1 MAYANKUTTY, AGED 58 YEARS, S/O.MOIDEEN,
MEETHALEPANAYULLATHIL, PUTHENPURAYIL HOUSE,
PONMERIPARAMBIL P.O, VILYAPALLIVA,
KOZHIKODE - 673 542.
2 PREMANANDAN, AGED 72 YEARS, S/O.KUNHIKANNAN,
THIRUVATHIRA, CHORODE P.O, VATAKARA TALUK,
KOZHIKODE - 673 101.
3 MEETHALEPANAYULLATHIL ABDULLA, AGED 55 YEARS,
S/O.MOIDEEN, CHETTIAMVEETIL, PARAMBIL DESOM,
VATAKARA TALUK, KOZHIKODE - 673 101.
4 KUNJAYISHA, AGED 46 YEARS, D/O MOIDEEN,
MEETHALEPANAYULLATHIL , PUTHEN PURAYIL HOUSE,
PONMERIPARAMBIL P.O,VILYAPALLI VIA,
KOZHIKODE - 673 542.
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P. No.104/2022
in
O.P.(C) No.6/2022 2
JUDGMENT
This Review Petition has been filed
by the respondent in O.P.(C) No.6/2022
challenging the order passed by this Court in
the above Original Petition on 04.01.2022.
2. As per the above order, this Court
stayed the delivery of the property in this
matter for a period of three weeks
facilitating the original petitioner to move
before the Review Court for getting stay. Now
the period is already over. Therefore, Review
Petition filed by the petitioner to vacate
the order is found to be infructuous as the
stay passed by this Court in the Original
Petition is not in force as of now.
3. At this juncture, I.A.No.1/2022 has
been filed by the original petitioner to
extend the stay. In fact, though I have given R.P. No.104/2022 in
three weeks' time to the petitioner to move
before the Review Court and to address his
grievance, nothing happened as on today.
Therefore, I am not inclined to extend
the stay further. Therefore, I.A.No.1/2022
stands dismissed and Review Petition stands
closed as stated above.
Sd/-
A.BADHARUDEEN, JUDGE.
ww R.P. No.104/2022 in
APPENDIX OF RP 104/2022
PETITIONER'S ANNEXURES:
ANNEXURE A DATED 4/1/2022, CERTIFIED COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP(C) NO.6 OF 2022.
ANNEXURE B DATED 15/12/2009, TRUE COPY OF THE JUDGMENT N EX-F.A.NO.125 OF 2009 OF THIS HON'BLE COURT.
ANNEXURE C DATED 7/12/2021, TRUE COPY OF THE INTERIM ORDER IN OP(C) NO.2352 OF 2021 OF THIS HON'BLE COURT.
ANNEXURE D DATED 22/12/2021, TRUE COPY OF THE JUDGMENT IN OP(C) NO.2352 OF 2021 OF THIS HON'BLE COURT DATED 22/12/2021.
ANNEXURE E DATED 6-12-2021, TRUE COPY OF THE ORDER IN I.A NO.1 OF 2021 AND I.A.NO.2 OF 2021 IN I.A.NO.1290 OF 2009 AND I.A.NO.1 OF 2021 AND I.A.NO.2 OF 2021 IN I.A.NO.1291 OF 2009 IN O.S NO.48 OF 2001 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, VATAKARA.
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