Kerala High Court
Manoharan V vs Padmakumari on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 17th DAY OF JANUARY 2023 / 27TH POUSHA, 1944
RP NO. 50 OF 2023
AGAINST THE JUDGMENT DATED 16.08.2022 IN FAO (RO) No.183/2016 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/APPELLANT/RESPONDENT No.1/PLAINTIFF:
MANOHARAN V., AGED 61 YEARS,
S/o VELAYUDHAN,
CHERNGOL HOUSE, ERUTHIYAMPATHY POST,
KOZHINJAMPARA VIA, CHITTUR TALUK,
PALAKKAD DISTRICT., PIN - 678555
BY ADVS. SAJAN VARGHEESE K.
LIJU. M.P
JOPHY POTHEN KANDANKARY
RESPONDENTS/RESPONDENTS/APPELLANT & RESPONDENTS No.2 TO 16/
DEFENDANTS:
1 PADMAKUMARI, AGED 65 YEARS,
W/o BALAKRISHNAN, PALLIKKANDATH HOUSE,
KADUMTHURUTHY, KINASSERY AMSOM AND POST,
PALAKKAD TALUK, PIN - 678508
2 SUSEELA, AGED 78 YEARS, W/o KESAVAN,
EZHTHASSAN HOUSE, PUTHUR AMSON & DESOM,
PALAKKAD, PIN - 678001
3 SREEDEVI, AGED 73 YEARS, W/o BHASKARAN,
PUTHANPURA, KONGAD AMSON & POST,
PALAKKAD TALUK, PIN - 678505
4 PEMAKUMARI, AGED 69 YEARS,
W/o VASUDEVAN, CHITTILAMCHERRY, MELARCODE POST,
ALTHUR TALUK, PALAKKAD DISTRICT, PIN - 678509
5 KOMALAM, AGED 71 YEARS, W/o MOHANAN,
NORTH KATTUR, TRICHI, TAMILNADU, PIN - 620014
6 RAMANI, AGED 67 YEARS, W/o SURENDRAN,
VAISHNAVAM, CO-OP. COLLEGE ROAD,
NEAR NEHRU THEATER, CHITTUR THARAKKALAM,
CHITTUR POST & TALUK, PALAKKAD DISTRICT, PIN - 678101
RP No.50 of 2023 2
7 KRISHNAKUMARI, AGED 71 YEARS,
W/o BHARATHRAJAN, 12/14, B.K.J. LAY OUT,
MEENAKSHI AMMANKOVIL STREET, SULUR,
COIMBATORE DISTRICT, TAMILNADU, PIN - 642205
8 KAIRALIKUMARI, AGED 63 YEARS,
W/o KUTTAPPAN, PLOT NO. 644, SELVAN NAGAR,
3RD MAIN ROAD, PONNIYAMMAN MEDU,
CHENNAI, TAMILNADU, PIN - 600001
9 MAHADEVAN, AGED 59 YEARS, S/o VELAYUDHAN,
TEACHER, RAGHAVAPURAM, ATHIKKODE,
CHITTUR POST & TALUK, PALAKKAD DISTRICT, PIN - 678507
10 ANANTHAN, AGED 57 YEARS,
S/o VELAYUDHAN, CHERUNGOL HOUSE,
ERUTHIYAMPATHY POST, KOZHINJAMPARA VIA,
CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678578
11 DEVAKI, AGED 82 YEARS, W/o MUTHU,
PALLIKKANDATH HOUSE, KANDUMTHURUTHY,
KINASSERY AMSOM AND POST, PALAKKAD TALUK, PIN - 678506
12 RAJAN, AGED 67 YEARS, S/o MUTHU,
PALLIKKANDATH HOUSE, KANDUMTHURUTHY,
KINASSERY AMSOM AND POST, PALAKKAD TALUK, PIN - 678506
13 RAVI, AGED 62 YEARS, S/o MUTHU,
PALLIKKANDATH HOUSE, KANDUMTHURUTHY,
KINASSERY AMSOM & POST, PALAKKAD TALUK, PIN - 678506
14 SATHEEDEVI, AGED 68 YEARS,
W/o BALKRISHNAN, PALLIKKANDATH HOUSE,
KANDUMTHURUTHY, KINASSERY AMSOM & POST,
PALAKKAD TALUK, PIN - 678506
15 VISALAKSHI, AGED 73 YEARS,
W/o UNNIKITTA, RESIDING AT KADUTHURUTHY MANNATH,
KINASSERY AMSON & POST,
PALAKKAD TALUK, PIN - 678506
16 KALADHARAN, AGED 53 YEARS, S/o UNNIKITTA,
PALLIKKANDATH HOUSE, KANDUMTHURUTHY,
KINASSERY AMSOM & POST, PALAKKAD TALUK, PIN - 678506
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP No.50 of 2023 3
ORDER
This review petition was filed by the appellant
based on an alleged factual error crept in the impugned
judgment. But, it is fairly submitted by both the counsel
that except the factual error, the order passed by this
court remanding the matter back to the first appellate
court deserves no interference. Since the matter is
remanded back to the first appellate court for addressing
all the issues involved in the suit in accordance with
the mandate as laid down by this court in Gopalakrishnan
and Another v. Ponnappan and others [2021 (5) KHC 548]
followed by the decision of the Apex Court in Bhairab
Chandra Nandan v. Ranadhir Chandra Dutta (1988 KHC 883),
there need not be further action from this court. The
matter is left open for consideration by the first
appellate court. Hence, the review petition will stand
dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
