Kerala High Court
Thaha Jamal Rasool vs United India Insurance Company Limited 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. 228 OF 2022
AGAINST THE ORDER/JUDGMENT MACA 1694/2008 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT NO.5:
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 "T.J. RAZOOL,
JAMMAL AHAMMED, SCIENTIST, INDIAN VETERINARY RESEARCH
INSTITUTE, BANGALORE"), REPRESENTED BY POWER OF
ATTORNEY HOLDER, ANEESH ANVAR, AGED 34 YEARS, S/O.
SAMEERA BEEGUM, THOPPIL HOUSE, KOONTHALOOR 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
JAISY ELZA JOE
RESPONDENTS/APPELLANT AND RESPONDENTS 1,2,3,4 AND 6:
1 UNITED INDIA INSURANCE COMPANY LIMITED,
NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE,
SHARANYA HOSPITAL ROAD, KOCHI - 682 011.
2 JEENA RANI,
D/O. PROF. MYTHEENKUTTY, ESCTACY, KARICODE, T.K.M.
COLLEGE P.O, KOLLAM - 691 005.
3 FRANCIS,
S/O. VARGHESE, KIZHAKKANETHALA HOUSE, PUTHENCROS P.O,
PERUMBAVOOR - 682 308
4 ABBAS,
S/O. SAIDU MOHAMMED, MULLATHUVALAPPU VEEDU, VATTAYAL
RP No.228 OF 2022
2
P.O, ALAPPUZHA-688 002.
5 THE DIVISIONAL MANAGER,
NATIONAL INSURANCE COMPANY LTD., MARY
MATHA BUILDING, KOLENCHERY-682 311
6 NIYAZ,
S/O. MYTHEENKUTTY, ESCTACY KILIKOLLOOR,
KOLLAM 695 505.
BY ADV.
SRI. JAYADHAR V
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.228 OF 2022
3
P.V.KUNHIKRISHNAN, J.
------------------------------
R.P. No. 228 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.1694 of
2008. The Review petitioner is the 5th respondent in
the above appeal. It is submitted that, though the
Review petitioner was a party in the above appeal,
no notice was served at the correct address and
hence the Review petitioner had no knowledge
about the appeal in existence.
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.228 OF 2022
judgment is to be recalled.
Therefore, this Review petition is allowed.
The judgment dated 17.03.2021 in MACA No.1694
of 2008 is recalled. The MACA is restored to file.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
RP No.228 OF 2022
PETITIONER ANNEXURES
ANNEXURE I TRUE 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 II TRUE COPY OF THE EP 231/2021 IN
OPMV 1694/2008 ON THE FILE OF
MACT, THIRUVANANTHAPURAM.
ANNEXURE III TRUE COPY OF THE NOTICE FOR
SUMMONS HAS BEEN ISSUED TO THE
REVIEW PETITIONER TO APPEAR BEFORE
THE MACT, THIRUVANANTHAPURAM ON
24.02.2022
//TRUE COPY// PA TO JUDGE
