Chithra .V vs K.B.Vijayan
2022 Latest Caselaw 8685 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         WEDNESDAY, THE 6th DAY OF JULY 2022 / 15TH ASHADHA, 1944
                           RP NO. 545 OF 2022
 AGAINST THE JUDGMENT DATED 30.03.2022 IN Ex.FA 5/2022 OF HIGH COURT
                                OF KERALA
REVIEW PETITIONER/APPELLANT IN EX.F.A:

             CHITHRA V, AGED 43 YEARS,
             D/o REMANI, VATTAMUKADIYIL HOUSE,
             KOTTAMURI P.O., KIDANGANOOR VILLAGE,
             KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT 686 105.

             BY ADVS. D.KISHORE
                      MEERA GOPINATH
                      R.MURALEEKRISHNAN (MALAKKARA)


RESPONDENTS/RESPONDENTS IN EX.F.A:

     1       K.B.VIJAYAN, S/o BHASKARAN,
             PUTHENPURACKAL HOUSE, CHINNAR P.O.,
             CHINNARKARA ELAPPARA VILLAGE, PEERUMADE TALUK,
             IDUKKI DISTRICT 685 531.

     2       REMESH KUMAR, S/o VASUDEVAN PILLAI,
             VATTAKUKADIYIL HOUSE, KOTTA MURI, KOTTA P.O.,
             KIDANGANOOR VILLAGE, KOZHENCHERY TALUK,
             PATHANAMTHITTA DISTRICT 689 641.

             R2 BY ADV. P. VINODKUMAR


     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06.07.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RP No.545 of 2022                        2




                                        ORDER

It is a review petition submitted by the claim

petitioner on the ground that certain facts were not

brought to the notice of this court at the time of disposal

of the matter by this court. It is submitted that one of

the ground taken up by this court so as to confirm with the

order of the lower court is the failure on the part of the

revision petitioner (claim petitioner) to mount on the box

and to give direct evidence. It is submitted by the learned

counsel for the appellant that in fact a proof affidavit

was filed, but later on the counsel had withdrawn the proof

affidavit by endorsing 'not pressed' without the

instruction from the party concerned. In fact, no enquiry

as mandated under Order 21 Rule 58 was conducted and hence

the earlier judgment is hereby recalled by allowing the

review petition.

Post the Ex.F.A for hearing on 14.07.2022.

Sd/-

P.SOMARAJAN JUDGE DMR/-