Kerala High Court
Sukumaran Nambiar K.T vs Dinesh Kumar on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
RP NO. 441 OF 2022
AGAINST THE JUDGMENT DATED 18.03.2022 IN WP(C) 5506/2022 OF HIGH
COURT OF KERALA
REVIEW PETITIONER:
SUKUMARAN NAMBIAR K.T., AGED 70 YEARS
S/O. SANKARAN NAMBIAR, MANDOKUNI HOUSE,
VELLAMUNDA (VIA), KOTTARAKUNNU POST,
MANANTHAVADY TALUK, WAYANAD DISTRICT,, PIN - 670731
BY ADVS.
C.M.MOHAMMED IQUABAL
P.ABDUL NISHAD
RAIHANATH T.H.
RESPONDENTS:
1 DINESH KUMAR, MANDOKKUNNI HOUSE, KOTTARAKKUNNU P.O.,
VELLAMUNDA, WAYANAD DISTRICT,, PIN - 670731
2 THE DISTRICT COLLECTOR, COLLECTORATE, WAYANAD,
NORTH KALPETTA.P.O., WAYANAD DISTRICT,, PIN - 673122
3 THE THAHSILDAR, TALUK OFFICE, MANANTHAVADY TALUK,
WAYANAD DISTRICT, PIN - 670645
4 THE VILLAGE OFFICER, VELLAMUNDA VILLAGE OFFICE,
WAYANAD DISTRICT,, PIN - 670731
SRI. M.P.ASHOK KUMAR
SRI. BYJU RAJ G - SR GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 441 OF 2022
2
JUDGMENT
This petition, seeking review of the judgment of this
Court dated 18.03.2022, has been filed by the petitioner
asserting that the writ petitioner has suppressed material
facts and information from this Court while obtaining it.
2. The specific case of the review petitioner, as argued
by the learned counsel - Sri.C.M.Mohammed Iquabal, is that
the factum of a partition suit pending before the Trial Court
was suppressed, which is ineluctable since the learned
counsel for the writ petitioner is recorded to have submitted
that no such proceedings are pending. He vehemently
submitted that, on the contrary, Annexures A4 and A5 orders
of the Sub Court, Sulthan Bathery, establishes that a partition
suit is still pending and that the Hon'ble Supreme Court has
already directed that the said suit will be disposed of in terms
of law.
3. I must say upfront that some of the submissions made
on behalf of the writ petitioner and which has been recorded
in the judgment sought to be reviewed cannot be held to be
accurate. This is because, going by Annexures A4 and A5,
O.S.No.71/2020 is seen pending before the Sub Court,
RP NO. 441 OF 2022
Sulthan Bathery, though in the latter of the orders, the said
Court has only said that the transfer of the property involved
in the said suit will be governed by the rigor of Section 52 of
the Transfer of Property Act. Pertinently, this order was
issued after vacating Annexure A4 order, which was passed on
an earlier date, through which the alienation of the plaint
schedule properties had been absolutely interdicted.
4. Therefore, though the submissions made on behalf of
the writ petitioner, that no civil proceedings are pending
before the Trial Court, cannot appeal to me and though this
certainly appears to be prima facie in error, I do not think that
any modification to the judgment would be necessary because
unless there is a complete interdiction by the Trial Court, the
respondents are not obligated to maintain status quo with
respect to the property. This is more so because, in Annexure
A5, the Trial Court has already clarified that any transfer will
be subject to the principles of lis pendens.
5. I am, therefore, of the firm view that this Court will be
justified in disposing of this review petition; however,
clarifying that any certificate to be issued to the writ
petitioner in terms of the directions in the judgment will
contain an endorsement that the same is issued subject to the
RP NO. 441 OF 2022
ongoing proceedings before the Sub Court, Sulthan Bathery,
namely O.S.No.71/2020. I am certain that if such
endorsements are made on the certificates, the rival positions
and interest will be sufficiently balanced.
6. I also leave liberty to the writ petitioner or any other
person to approach the Sub Court, Sulthan Bathery for an
expeditious disposal of the suit; in which event, the same shall
be so endevoured by the Sub Court, without any avoidable
delay.
This review petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
RP NO. 441 OF 2022
APPENDIX OF RP 441/2022
PETITIONER ANNEXURES
Annexure -A1 THE TRUE COPY OF THE ORDER IN SLP. NO.
16724/2021 OF THE HON'BLE SUPREME COURT
OF INDIA DATED 25.10.2021
Annexure -A2 THE TRUE COPY OF THE PLAINT IN O.S. NO.
71/2020 OF THE SUB COURT, SULTHAN BATHERY
DATED 27.10.2020
Annexure -A3 THE TRUE COPY OF THE WILL NO. 44/111/1996
OF SRO MANANTHAVADY DATED 25.09.1996
EXECUTED BY DECEASED SANKARAN NAIR
Annexure -A4 THE TRUE COPY OF ORDER IN I.A. NO. 2/2020
IN O.S. NO. 71/2020 DATED 04.11.2020 OF
THE SUB COURT, SULTHAN BATHERY
Annexure -A5 THE TRUE COPY OF ORDER IN I.A. NO. 2/2020
IN O.S. NO. 71/2020 DATED 25.03.2021 OF
THE SUB COURT, SULTHAN BATHERY
