Vasantha Kumari vs S. Ramanathan
2023 Latest Caselaw 6268 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                     RP NO. 529 OF 2023
AGAINST THE JUDGMENT DATED 20.03.2023 IN W.A.NO.2309/2019
                           ------
REVIEW PETITIONER/APPELLANT:

          VASANTHA KUMARI, AGED 62 YEARS,
          W/O.LATE.RADHAKRISHNA PILLAI, LEKSHMI,
          2ND MILE STONE, KILIKOLLOOR P.O,
          KOLLAM DISTRICT-691 004.
          BY ADV.V.PHILIP MATHEWS


RESPONDENTS/RESPONDENTS IN W.A.:

    1     S.RAMANATHAN, AGED 74 YEARS, SARASWATHY NIVAS,
          AYANI ROAD, KOLLAM DISTRICT-691001.
    2     S.SARAVANA, SARASWATHY NIVAS, AYANI ROAD,
          KOLLAM DISTRICT-691001.
    3     SASIKESH, GEETHANJALEE, MUKKODU P.O, MULAVANA,
          KOLLAM DISTRICT-691503.
    4     CANARA BANK, AANANDAVALLESWARAM BRANCH,
          KOLLAM DISTRICT- 691013 REPRESENTED BY
          ITS BRANCH MANAGER, PIN - 691013.
    5     THE AUTHORIZED OFFICER, CANARA BANK,
          AANANDAVALLESWARAM BRANCH,
          KOLLAM DISTRICT - 691013.
    6     GAYATHRI S., W/O.SASIKESH, SARASWATHIMANDIRAM
          VADAKKUMBHAGGAM CHERRY, KOLLAM EAST VILLAGE,
          KOLLAM-691001.


THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 R.P.No.529/2023                      2




                               ORDER

A.Muhamed Mustaque,J.

The review petition has come up before us for

the reason that this Court while disposing of the

writ petition and the writ appeal had not

mentioned whether the period covered by the

litigation before this Court is excludable or not.

We have relegated the petitioner to work out the

remedy before the Debts Recovery Tribunal. If

that be so, the Debts Recovery Tribunal can

consider the question related to the exclusion of

the period involved before this Court for the

purpose of limitation. We, therefore, clarify

that the period of pendency can be claimed for

exclusion before the Debts Recovery Tribunal for

the purpose of limitation.

With the above observations, the review

petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln