Kerala High Court
Thaha Jamal Rasool vs Imtiaz on 12 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
RP NO. 240 OF 2022
AGAINST THE ORDER/JUDGMENT MACA 2532/2009 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT NO.4:
THAHA JAMAL RASOOL
S/O.JAMAL MOHAMMED, ANAN 204 A, PRAKASH NAGAR,
KESAVADEV ROAD, POOJAPURA, THIRUVANANTHAPURAM, KERALA -
695 012 (INCORRECTLY SHOWN IN M.A.C.A. AS "RAZOOL,
ESCATASSY, T.K.M.M.COLLEGE P.O., KOLLAM "), REPRESENTED
BY POWER OF ATTORNEY HOLDER ANEESH ANVAR, AGED 34
YEARS, S/O.SAMEERA BEEGUM, THOPPIL HOUSE,
KOONTHALLOOR P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM,
KERALA - 695 304.
BY ADVS.
SANTHOSH MATHEW
ARUN THOMAS
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
LEAH RACHEL NINAN
KARTHIK RAJAGOPAL
KURIAN ANTONY MATHEW
RESPONDENTS/APPELLANT AND RESPONDENTS 1,2,3,5 AND 6:
1 IMTIAZ
S/O.MYTHENKUTTY, ESCTASSY, T.K.M.COLLEGE P.O.,
KOLLAM - 691 005.
2 FRANCIS
S/O.VARGHESE, KIZHAKKANETHALA HOUSE, PUTHENCROS P.O.,
PERUMBAVOOR - 682 308.
3 ABBAS
S/O.SAIDU MOHAMMED, MULLATHUVALAPPU VEEDU, VATTAYAL
P.O., ALAPPUZHA - 688 002.
4 THE DIVISIONAL MANAGER
NATIONAL INSURANCE COMPANY LTD., MARY MATHA BUILDING,
RP No.240 OF 2022
2
KOLENCHERY - 682 311.
5 NIYAZ
S/O.MYTHEENKUTTY, ESCTACY KILIKOLLOOR,
KOLLAM - 691 005.
6 UNITED INDIA INSURANCE COMPANY LIMITED
NOW REPRESENTED BY ITS DEPUTY MANAGER,
REGIONAL OFFICE, SHARANYA HOSPITAL ROAD,
KOCHI - 682 011.
BY ADV.
SMT.DEEPA GEORGE, SC
THIS REVIEW PETITION HAVING COME UP FOR
ADMISSION ON 12.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
RP No.240 OF 2022
3
P.V.KUNHIKRISHNAN, J.
------------------------------
R.P. No. 240 of 2022
----------------------------------------------
Dated this the 12th day of February, 2024
ORDER
This Review Petition is filed to review the
judgment dated 17.03.2021 in MACA No.2532 of
2009. The Review petitioner is the 4th respondent in
the above appeal. The specific case of the Review
petitioner is that the notice of summons was not
served at the correct address and the Review
petitioner was not made aware of the existence of
the appeal by the power of attorney holder.
2. This Court perused the order sheet and
found that there is force in the argument of the
Review petitioner. Since the Review petitioner was
not given an opportunity of hearing, I think the
RP No.240 OF 2022
judgment is to be recalled.
Therefore, this Review petition is allowed.
The judgment dated 17.03.2021 in MACA No.2532
of 2009 is recalled. The MACA is restored to file.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
RP No.240 OF 2022
PETITIONER ANNEXURES
ANNEXURE I CERTIFIED COPY OF THE CLAIM
APPLICATION IN O.P.(MV)
NO.1378/1994.
ANNEXURE II CERTIFIED COPY OF THE POWER OF
ATTORNEY GIVEN BY THE REVIEW
PETITIONER TO LATE MYTHEENKUTTY
WHICH IS MARKED AS DOCUMENT A1 IN
THE CONNECTED CASE OPMV 1349/1994
OF MACT, MAVELIKKARA.
ANNEXURE III CERTIFIED COPY OF THE POWER OF
ATTORNEY GIVEN BY THE 5TH
RESPONDENT TO 1ST RESPONDENT.
ANNEXURE IV CERTIFIED COPY OF I.A.NO.200/2004
IN O.P.(MV) 1378/1994.
ANNEXURE V CERTIFIED COPY OF THE ORDER DATED
12/1/2005 IN I.A.NO.200/2004 IN
OP(MV) 1378/1994.
ANNEXURE VI CERTIFIED COPY OF THE COMMON AWARD
IN OPMV 1389/1994 OF MACT,
MAVELIKKARA AND CONNECTED CASES.
ANNEXURE VII CERTIFIED COPY OF THE ORDER IN IA
4515/2021 IN OPMV 1378/1994 FOR
SETTING ASIDE THE EXPARTE DECREE.
ANNEXURE VIII CERTIFIED COPY OF THE NEW AWARD IN
OPMV 1378/1994 OF MACT, MAVELIKARA
AFTER FIXING THE QUANTUM OF
COMPENSATION.
//TRUE COPY// PA TO JUDGE
