Lalitha M vs S. Prasad
2022 Latest Caselaw 3076 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                     RP NO. 835 OF 2021
  AGAINST THE ORDER/JUDGMENT IN MACA 2157/2012 OF HIGH
                       COURT OF KERALA
REVIEW PETITIONER/S:

    1     LALITHA M., AGED 61 YEARS
          W/O.RAJENDRAN V.K., KARUNALAYM, MSP WARDNO.6,
          PATHIRAPPALLY VILLAGE, KALAVOOR P.O., ALAPPUZHA.
          688 522.
    2     JITHIN K.R., AGED 32 YEARS
          S/O.RAJENDRAN V.K., KARUNALAYM, MSP WARDNO.6,
          PATHIRAPPALLY VILLAGE, KALAVOOR P.O., ALAPPUZHA.
          688 522.
    3     GOPU K.R., AGED 24 YEARS
          S/O.RAJENDRAN V.K., KARUNALAYM, MSP WARDNO.6,
          PATHIRAPPALLY VILLAGE, KALAVOOR P.O., ALAPPUZHA.
          688 522.
          BY ADVS.
          A.T.ANILKUMAR
          V.SHYLAJA


RESPONDENT/S:

    1     S. PRASAD
          (AGE NOT KNOWN TO THE PETITIONER),

          S/O.SANKARA PILLAI, PRIYANKA NIVAS, THOOKKUKULAM
          BHAGOM, VADACKAL P.O., ALEPPY-688 005.
    2     SASIDHARAN SASI

          (AGE NOT KNOWN TO THE PETITIONER)
          S/O.CHELLAPPAN ETTURATHIL HOUSE, EAST OF
          KAKKAZHAM MOSQUE,ALAPPEY-688 005.
                                               -2-
RP No.835 of 2021 in MACA. No. 2157 of 2012



      3       THE ORIENTAL INSURANCE CO.LIMITED,
              MULLAKKAL, ALAPPUZHA BRANCH, REP. BY ITS
              MANAGER, 688 001.

OTHER PRESENT:

              SRI.A.R.GEORGE, SC



          THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                   -3-
RP No.835 of 2021 in MACA. No. 2157 of 2012



                        P.V.KUNHIKRISHNAN, J.
                         ======================================================

                             R.P.No.835 of 2021 in
                            MACA No.2157 of 2012
                      =============================================================

                  Dated this the 17th day of March, 2022

                                           ORDER

The above review petition is filed because the 4th appellant

was no more when the appeal was disposed of by this Court.

The review petitioners are the legal heirs of the 4th appellant in

the appeal and they are appellants 1 to 3 in the appeal also. The

counsel for the review petitioners submitted that the counsel

was not aware that the 4th respondent was no more at the

relevant time when the appeal was disposed of.

2. Considering the facts and circumstances of the case,

I think the judgment dated 19.03.2021 in MACA No.2157 of

2012 can be recalled and the review petition can be allowed.

Therefore, the review petition is allowed. Judgment dated

19.03.2021 in MACA No.2157 of 2012 is recalled.

sd/-

P.V.KUNHIKRISHNAN JUDGE das