Sunilkumar vs L.K.Ajithkumar
2023 Latest Caselaw 1289 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        Wednesday, the 18th day of January 2023 / 28th Pousha, 1944

                  CM.APPL.NO.1/2022 IN RP NO. 1068 /2022

    AGAINST JUDGMENT DATED 10-11-2014 IN IN FAO 355/2011 OF THIS COURT

PETITIONER/PETITIONER IN THE REVIEW PETITIONERS:

     SUNILKUMAR,S/O.SUKUMARAN,AGED 55 YEARS,MANAYATH CHATHAYA
     MANDIRAM,KEEZHKOLLA DESOM,CHENKAL VILLAGE,NEYYATTINKARA
     P.O.,THIRUVANANTHAPURAM-695 121.

RESPONDENTS/RESPONDENTS IN THE REVIEW PETITION:

     1.L.K.AJITHKUMAR,AGED 51 YEARS,KUMAR SADANAM,NEDIYAMCODE MEKKOLLA
     DESOM,KOLLAYIL VILLEGE,THIRUVANANTHAPURAM-695 504.
     2.RAGHAVA PANICKER KUMARASWAMI,AGED 75 YEARS,KUMAR
     SADANAM,NEDIYAMCODE MEKKOLLA DESOM,KOLLAYIL
     VILLEGE,THIRUVANANTHAPURAM-695 504.


       Application praying that in the circumstances stated in the
affidavit filed therein the High Court be pleased to condone the delay of
1913 days in filing the above review petition.

     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.N.P.RENJITH RAO, Advocate for the petitioner and M/S G.S.REGHUNATH,
K.RAJESH KANNAN, A.S.SHAMMY RAJ & P.SHANES Advocates for the respondents,
the court passed the following:

                                                                      P.T.O.
                            P.SOMARAJAN, J.
                  ------------------------------
                        RP No.1068 of 2022
                  ------------------------------
             Dated this the 18th day of January, 2023

                                     O R D E R

CMA.No. 1/2022

The learned counsel appearing for the

respondent in the appeal, came up by stating that

so far no notice was issued to the party

concerned, the respondent in the review petition.

The delay comes to 1913 days and this court

passed an order on 03.01.2023 without noticing

the non-service of notice to the respondents.

Hence, the earlier order is hereby recalled. The

petitioner is permitted to withdraw the entire

amount of Rs.5,000/- deposited in furtherance of

the said order. The petitioner shall take steps

to respondents.

Issue notice to the party concerned. Post

after service.

Sd/-

P.SOMARAJAN JUDGE rkr-18/01

18-01-2023 /True Copy/ Assistant Registrar